JUDGMENT

Dr. AR. Lakshmanan, J. — The appellant, The Manager (Now Regional Director), Reserve Bank of India, Mall Road, Kanpur, aggrieved against the final judgment and order dated 4.9.2003 of the High Court of Judicature at Allahabad in Civil Misc. Writ Petition No. 35290 of 1996, has filed this appeal. The High Court allowed the writ petition filed by the first respondent herein and set aside the award of the Industrial Tribunal/Labour Court and ordered reinstatement on similar post with back wages.

BACKGROUND FACTS :

2. Respondent No.1 was advised that he has been wait listed for daily wage casual employment in the Bank at Lucknow office of the Bank. Respondent No.1 applied for consideration of his day-to-day appointment which request was acceded to. In June, 1975, respondent No.1 acquired qualification of High School but did not inform the Bank about the same. Therefore, his name was included in the fresh list from 1.7.1975 to 30.6.1976 and was allowed to work during the aforesaid period. The name of respondent No.1 was not included in the fresh list from 1.7.1976 to 30.7.1977. He made representation for inclusion of his name in the fresh list from 1976-197