JUDGMENT :

Jahangir Jamshed Munir, J.

1. This writ petition has been filed by the U.P. State Road Transport Corporation under Article 226 of the Constitution. It is directed against an award dated 2.12.2008 passed by the Industrial Tribunal (4), UP, Agra in Adjudication Case No. 6 of 2001.

2. The Industrial Tribunal has ordered respondent No. 1-workman (for short 'the workman') to be reinstated in service with effect from the date of his disengagement i.e. on 18.5.1998 granting continuity of service and all back wages, including allowances. The said award dated 2.12.2000 is hereinafter referred to as the 'impugned award.'

3. Heard Sri S.K. Mishra, learned counsel appearing for the petitioner and Sri Surya Prakash Singh, learned counsel appearing on behalf of the workman. Both sides have exchanged affidavits. Accordingly, this petition was admitted to hearing on 5.4.2019, and, heard forthwith with the consent of parties. Judgment was reserved on that day.

4. Shorn of avoidable detail, the workman was employed with the petitioner-U.P. State Road Transport Corporation (for short the 'employer') as a driver. He was posted in the Agra region. A report dated 25.4.1997 was submitted against th