JUDGMENT

Leave granted.

2. The appeal is directed against the order of the High Court of Allahabad in C.M.W.P. No. 12217/83. The respondent was admittedly a suspended employee of Mirzapur Electricity Supply Co. (for short Company) against whom disciplinary proceedings were pending. On September 1, 1975, under S. 4(1) of the Indian Electricity Act, 1910, for short the Act, the licence of the Company was revoked under a memorandum of understanding and an agreement reached with, the appellant. One of the terms thereof was that the appellant will not take any employee against whom disciplinary proceedings were pending. The appellant took over the Company. Eight years thereafter, the respondent filed the writ petition placing reliance on Section 6-A of the Act as amended by an U. P. Act and contended that the respondent was entitled to be taken into service, but was unlawfully prevented from discharging his duties. The High Court accepted the contention and issued the mandamus as prayed for with consequential reliefs.

3. The only question that arises in this case is whether the respondent is entitled to the relief under Sec. 6-A(3) of the Act. Sub-sec. (2) of S. 6A reads thus:

"6-A(2). Notw