Sunil Ambwani, J. - (1.) THE Banaras Hindu University has filed this writ petition, against an Award of the Labour Court, Varanasi dated 10.7.1988 in Adjudication Case No. 31 of 1995, Banaras Hindu University v. B. N. Bhattacharya, reinstating Shri Brij Nath Bhattacharya-respondent No. 2, with continuity in service and back wages from the date of reference. THE Labour Court further directed that in case the post of Fuse-Man is still vacant, the respondent No. 2 shall be appointed against the said post, and if there is no vacancy, he may be adjusted on an equivalent post.
(2.) BY an interim order dated 28.7,1999, the operation of the award was stayed, provided the petitioners goes on paying respondent No. 2 month by month an amount equivalent to the wages last drawn by him. The Writ Petition was heard in the absence of parties, and was dismissed on 17.7.2002, and the interim order was vacated. The petitioners were directed to reinstate respondent No. 2 forthwith, within one month and to pay his arrears of salary and other benefits to which he would have been made entitled in terms of the award. The Banaras Hindu University challenged the order in Civil Appeal No. 10274 of 2003. The Civil Appeal was allowed by the Supreme Court on 27.10.2005: "Heard parties. In the impugned Judgment itself, it has been set out that the list was revised and that neither party appeared before the Court. Instead of adjourning the matter or dismissing for default, the High Court proceeded to deliver a detailed judgment even citing case laws and then distinguishing those cases. Before us both parties admit that the list had been revised and therefore the advocate could not remain present. Under the circumstances, we set aside the impugned judgment and remit the Writ Petition back to the High Court for decision on merits. The High Court shall dispose of the Writ Petition as expeditiously as possible and in any event within three months from today. Interim order, if any, passed by the High Court during the pendency of the Writ Petition will continue to operate till the disposal of the Writ Petition. The Appeal stands disposed of accordingly. There will be no order as to costs. Sd/- (S.N. Variava) Sd/- (A.R. Lakshmanan) Sd/- (S.H. Kapadia)" The matter was thereafter adjourned on several dates. The Banaras Hindu University engaged Shri V.B. Singh and thereafter Shri Dinesh Kakker to argue the matter. The Court adjourned the case on 14.8.2007 and then again on 23.8.2007 for a possible settlement. It was thereafter nominated to some other bench. Finally it was heard on 8.12.2008.
(3.) HEARD Shri Dinesh Kakker appearing for the Banaras Hindu University (in short, the 'University') and Shri Manish Goyal for the respondent No. 2-workman. Briefly stated the facts, giving rise to this writ petition, are that respondent-workman was working as Fuse-Man under the Chief Engineer, Electricity and Water Supply w.e.f. 1.4.1982. His services were terminated without assigning any reasons on 6.7.1991. The respondent-workman alleged that he had requested for the regular pay scale and other service benefits, on which the employers were annoyed with him. He was appointed by the Selection Committee after interviews on permanent basis. He sent letters for reconsideration of the decision to terminate his services. The employers however did not give any response.;