Court No. - 6 Case :- WRIT - C No. - 2332 of 2010 Petitioner :- U.P. State Road Transport Corporation Respondent :- Shyam Bihari Srivastava And Another Petitioner Counsel :- Anubhav Chandra Respondent Counsel :- C.S.C.,S.N. Dubey Hon'ble Arun Tandon,J.
Notice on behalf of respondent no. 1 has been accepted by Sri S.N. Dubey,
Advocate. Notice on behalf of respondent no. 2 has been accepted by the
Standing Counsel.
Respondents pray for and are granted three weeks time to file counter
affidavit. Rejoinder affidavit, if any, may be filed within one week thereafter.
List on 24th February, 2010.
On behalf of the petitioner it is contended that the services of the workman
were terminated after holding departmental enquiry under order of the
disciplinary authority. Not being satisfied, he preferred an appeal under the
statutory service rules applicable. The appeal was party allowed by the first
appellate authority and reinstatement was directed without any benefit of back
wages. The workman accepted the order so passed and did not raise any
grievance for a period of six years. After more than six years he filed an
application for conciliation, resulting in reference giving rise to the present
writ petition.
Counsel for the petitioner submits that admittedly for this period of six years,
when the petitioner had worked without protest, no benefit monetary or
otherwise could have been awarded by the Labour Court.
The matter requires enquiry by this Court.
Till the next date of listing operation of the award impugned shall remain
stayed.
Order Date :- 19.1.2010
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