Sudhir Agarwal,J. - (1.) Heard Sri S.P. Sharma, learned Counsel for petitioner. None appeared for respondents.
(2.) This writ petition under Article 226 of Constitution of India has been filed assailing order dated 16.11.1999 (Annexure-17 to the writ petition) passed by Chairman, U.P. Industrial Cooperative Association, Kanpur (hereinafter referred to as "UPICA") cancelling its earlier order dated 28.8.1998. A mandamus 'is also prayed directing respondents to pay arrears of salary to petitioner treating him as regularly appointed employee of UPICA in compliance of award dated 14.11.1994 of Industrial Tribunal (I), U.P. Allahabad' (hereinafter referred to as "Tribunal") and order dated 28.8.1998 of Chairman, UPICA. Subsequently, by way of amendment, a prayer, has been added seeking a writ of mandamus commanding respondents to consider claim of petitioner as regularly appointed employee of UPICA in accordance with U.P. Cooperative Institutional Service Board Regulations, 1985 (hereinafter referred to as "Regulations, 1985").
(3.) Facts in brief, giving rise to the present writ petition,' are that petitioner was appointed as Salesman on daily wage basis in UPICA on 1.3.1984 and posted in its showroom at Allahabad. He Was terminated on 31.7.1987 where against an industrial dispute was raised by petitioner which was referred for adjudication before Tribunal, registered as Adjudication Case No. 148 of 1992, vide award dated 14.11.1994, Tribunal has held that termination of petitioner amounts to retrenchment and since procedure for retrenchment was not followed therefore, termination was not legal. Operative part of award dated 14.11.1994 reads as under:- "10. In view of what has been discussed and observed above the termination of services of Sri Jaheer Alam with effect from 31.7.1987 is held to be illegal. This being so, the same is set aside. Sri Jaheer Alam is treated to be in continuous service from the said date of termination and he is allowed to be reinstated with all the benefits including back wages and other allowances from the date of termination till the actual date of reinstatement. The employers are directed to comply with these directions within thirty days from the date of publication of this award. There will, however, be no order as to costs." ;