P.K. Jain, J. - (1.) Respondent No. 5 Sapan Kumar Pandit was employed with petitioner No. 2, the Executive Engineer, Electricity Distribution-1, Mathura as a clerk with effect from January 1, 1974.
(2.) According to the case of respondent No. 5 he was working on the said post as Muster roll employee and his services were dispensed with from July 17, 1975. On September 9, 1991 he applied to the State Conciliation Officer, Agra under the U.P. Industrial Disputes Act for conciliation alleging that on July 17, 1975 without any prior intimation the services of the employee were terminated by retrenchment. On June 14, 1991, a request for conciliation was made with the employers but the employers paid no heed. The dispute arose on July 17, 1975. It was stated that an application for condonation of delay was also being moved. A prayer was made that a conciliation committee be formed for conciliation between the parties and the employers be directed to take the employee back in the service; wages for the intervening period be also awarded. In the delay condonation application it was stated that the applicant had served for more than 240 days during a calendar year, he was entitled to absorption in regular cadre. Some of the colleagues of the employees have filed a case through their union U.P. Bijli Karmachari Sangh against the unlawful orders of their termination but since the applicant was not a member of that union he could not file the case. The applicant continued to correspond with petitioner No. 1. Out of the ten workmen retrenched 2 were taken in service and the applicant was also assured that he will be taken back in service if the decision in the case filed by Bijli Karmachari Sangh goes in favour of the Sangh. The Industrial Tribunal held that the workmen concerned had put in 240 days continuous service during the period of 12 calendar months and they became entitled to retrenchment compensation or appointment against the regular vacancies of Routine Grade Clerk. The Board filed Writ Petition before the Hon'ble High Court where it was held that petitioners are entitled to be reinstated with full backwages. The Board filed Special Leave Petition which was numbered as 11921 of 1988 and the S.L.P. was dismissed by the Hon'ble Supreme Court on January 9, 1989. On the basis of assurance given by the Board to the applicant, he applied for reinstatement on June 14, 1991 but no reply was given to him and ultimately the applicant decided to move the petition for conciliation.
(3.) The application for condonation of delay as well as conciliation proceedings were contested by the petitioners on the ground that the applicant was a Muster roll employee. Two workmen out of the ten retrenched employees had appeared in a competitive examination held by the department and after qualifying the test they have been taken in regular services. Facts relating to U.P. Bijli Karmachari Sangh filing a case of reinstatement by 8 employees and other facts relating to the ultimate result of such litigation were not disputed. However, it was stated that no assurance was ever given to the applicant and the application was barred by limitation and was not legally maintainable. The respondent sat over the matter for 16 years and filed the application for reinstatement in service for which no sufficient reasons have been given.;