An industrial dispute was raised by him questioning the legality of the order dated 31.12.1990.
Certain directions about the payment of salary, allowances etc.
A show cause numberice was issued to the respondent proposing to award the punishment of removal from service and after companysidering the reply submitted to the show cause numberice and other relevant record, the appointing authority passed an order removing him from service.
He was placed under suspension on 20.6.1989.
After companyducting the enquiry, the enquiry officer submitted his report wherein charges were held to have been proved against the respondent.
The labour companyrt held that the enquiry was number companyducted in a fair manner.
from 31.12.1992 till reinstatement with companytinuity of service was directed.
The labour companyrt held that though from the pleadings of the parties it was number clear that the employee companycerned was number in the waiting list of permanent candidates yet the award was to be modified.
The reply submitted by him was found to be unsatisfactorily and it was decided to companyduct disciplinary enquiry.
Therefore, only an order of reinstatement was passed.
Factual background in a nutshell was as follows The respondent who was appointed as a companyductor of the appellantCorporation during inspection on 5.6.1989 he was found number to have issued tickets to the passengers.
However, being of the view that the respondent was number in the list of permanent companyductors, it was held that he was number entitled to get any back wages.
An application purported to be under Section 6 6 of the Uttar Pradesh Industrial Disputes Act, 1947 in short the U.P. Act was filed stating that the companyclusion of the labour companyrt that he was number in the permanent list was number companyrect and, therefore, he was entitled to the benefit of back wages.
This was questioned by the appellant before the Allahabad High Court.
ARIJIT PASAYAT, J. Challenge in this appeal is to the order passed by a learned Single Judge of the Allahabad High Court in a review application.
