JUDGMENT

DESAI, J. :— The chronology of events leading to the re-instatement of the respondent which gave rise to the present miscellaneous petition have been succinctly set out in the judgment of this Court in Mathura Electric Supply Co. Ltd. v. State of U. P. (1981) 3 SCC 623. Respondent Summera was employed as an Assistant Lineman in the Mathura Electric Supply Co. Ltd. (Appellant for short). He was dismissed from service on August 19, 1955. This led to an industrial dispute in respect of which a reference was made under S. 4-K of the U. P. Industrial Disputes Act 1947 ultimately to the Labour Court, Meerut. As was only to be expected a preliminary objection was raised on behalf of the appellant that the reference was incompetent. The Labour Court by its award dated September 30, 1958 held that the reference was competent and further held that the dismissal from service was illegal and invalid and granted reinstatement with continuity of service and full backwages. The appellant after an unsuccessful writ petition and writ appeal in the Allahabad High Court landed in this Court by an appeal by special leave. This Court by its judgment dated May 6, 1981 held that the reference wa