JUDGMENT :

1. Heard, Shri Ambika Prasad, learned counsel for the petitioners and Shri Birendra Prasad Singh, learned counsel for the opposite party no.1. Learned Standing Counsel is present for the opposite parties no.2 and 3.

2. This petition has been filed challenging the award dated 31.01.2019 passed by the Presiding Officer, Industrial Tribunal (2), U.P., Lucknow i.e. the opposite party no.3, in adjudication Case No.97 of 2015.

3. Learned counsel for the petitioners submitted that there were several charges against the opposite party no.1, which were proved in the inquiry but without considering the same the award has been passed and the opposite party no.1 has been directed to be reinstated with full back wages, which could not have been done. The full back wages could not have been allowed on the principle of 'No Work No Pay'. He relied on H.V.P.N. Ltd and Others Versus Bal Govind; AIR 2017 Supreme Court 617 and Smt. Kewlapati Versus U.P.Lok Sewa Adhikaran, Indira Bhawan Lko and Others; 2918 (2) ALJ 516.

4. Learned counsel for the respondent no.1 submitted that the action was taken against the opposite party no.1 without any basis or complaint with mala fide intention after the o