IMPORTANT POINT
The court emphasized the necessity of compliance with interim orders, ruling that non-compliance justified the dismissal of the writ petition.

JUDGMENT :

Chandra Kumar Rai, J.

1. Heard Mr. Sunil Kumar Mishra, learned Counsel for the petitioner and Dr. Rajesh Kumar Srivastava, learned Counsel for respondent No. 1/1 to 1/4.

2. Brief facts of the case are that respondent No.1 was appointed on the post of Conductor in the petitioner/Corporation in the year 1980. On 12-11-1988, respondent No. 1 was driving bus number USY-8753 on Khurja-Haridwar route. The bus was checked and 12 passengers were alleged to be found traveling without ticket and in the checking made on 25-03-1989 in the aforementioned bus and 4 passengers were again alleged to be found traveling without ticket. In disciplinary proceeding, charge sheet was issued to respondent No.1 and reply was submitted by respondent No.1. The Disciplinary Authority/ Regional Manager vide order dated 14-04-1991 passed the order of removal of service of respondent No.1. An industrial dispute raised by respondent No.1 was referred for adjudication vide reference order dated 23-08-1993 as to whether the order of removal of service of respondent No.1/Hari Shankar Verma Conductor dated 11-04-1991 is just and legal. The aforementioned reference was registered as Adjudication Case No.462 of 1993 before Labour Court (Ist) Uttar Pradesh Lohia Nagar, Ghaziabad. Petitioner/ employer and respondent No.1 filed their written statement as well as oral and documentary evidences in support of their cases. Vide award dated 1-12-2006 as published on 23-02-2007 reinstated the respondent No.1 in service with 50% of back wages and other allowances from the date of dismissal of service upto date of reinstatement in service withholding two annual increments permanently. Hence this writ petition on behalf of petitioner for following relief.

"(i) to issue a writ, order or direction in the nature of certiorari quashing the impugned award/judgment and order dated 21.03.2007 (Annexure 5 to the writ petition) in Adjudication Case No.462 of 1993 passed by labour CourtI Ghaziabad."

3. This court vide interim order dated 26-07-2007 entertained the matter and stayed the execution of the impugned award dated 1-12-2006 provided petitioner ensure compliance of section 17-B of the Uttar Pradesh Industrial Dispute Act.

4. During pendency of the writ petition, respondent No. 1/Hari Shankar Verma has expired on 3-9-2015 accordingly, two sons, widow and a daughter have been substituted as respondent Nos. 1/1 to 1/4 respectively in the writ petition.

5. A counter affidavit along with application for vacation of interim order was filed on behalf of respondent No.1/1 to 1/4 to the writ petition stating specifically in paragraph No. 21 of the counter affidavit that deceased respondent No.1 has filed an application for his joining in the corporation in pursuance of the impugned award of labour court as well as interim order dated 26-07-2007 passed by this court in the instant writ petition. The copy of application for joining filed by deceased-respondent No.1 before employer along with affidavit stating that deceased-respondent No.1 was not in any employment is annexed as Annexure No. CA-1 to the counter affidavit dated 2-12-2015.

6. No rejoinder affidavit has been filed on behalf of petitioner to the counter affidavit dated 2-12-2015.

7. This court dismissed the instant writ petition for non-prosecution on 25-10-2017 but on restoration application of the petitioner the order dated 25-10-2017 was recalled vide order dated 27-05-2019.

8. This court on 23-02-2021 passed another order which runs as follows.

"This Court while entertaining the petition on 26.7.2007 has passed the following order:

"Petitioner is permitted to implead Labour Court-I, Uttar Pradesh Ghaziabad through Presiding Officer as respondent no.2 during the course of the day.

Learned Standing Counsel represents respondent no.2 Sri D.C. Srivastava, Advocaate has accepted notice on behalf of respondent no.1. They pray for and are granted three weeks time to file counter affidavit. Rejoinder affidavit may be filed within a