R.B. MISRA, J.

1. Heard Sri P.K. Mukherji, learned Counsel for the Petitioner and Smt. Durga Tiwari, learned Counsel for Respondent No. 3 and learned standing counsel for the State.

2. In this petition prayer has been made to quash the award dated 16.11.1999 published on 19.4.2000, passed by Labour Court, U.P., Gorakhur in Adjudication Case No. 125 of 1990 whereby Respondent No. 3 (Jugal Kishore Tripathi) was reinstated as a workman with continuity of service with full back wages. The brief facts necessary for adjudication of the present writ petition are that the Respondent No. 3 was appointed as a workman/peon in class IV category on temporary basis for the fixed period of 180 days as a stop gap arrangement in terms of the resolution dated 6.6.1986 of managing committee of the 'The Deoria Kasia Zila Sahkari Bank (in short called 'Bank'). By appointment order dated 24.6.1986 the Respondent No. 3 was appointed as a temporary employee in stop gap arrangement in view of the Regulation 5 (iii) of the U.P. Co-operative Societies Employee's Service Regulation, 1975 (in short called 'Regulation 1975'). The Regulation 5 is indicated as below:

Recruitment.-(i) Recruitment for appoin