( 1. ) SHIV Kant Shukla respondent No. 2 in this petition, was employed as a P. L. Fitter in South Eastern Railway. The respondent was convicted for an offence under section 323 of the Indian Penal Code. As a result of his conviction, the respondent was compulsorily retired as a matter of punishment from 24th March 1965. The respondent was re-employed on compassionate grounds as a Khalasi from 1st July 1970. The respondent challenged the order of his compulsory retirement in the High Court in miscellaneous Petition No. 378 of 1974 which was dismissed on 13th november 1975. The High Court refused to go into the merits of the respondents case and dismissed the petition on the ground of delay. The respondent retired from Railway service on superannuation from 1st July 1976. The respondent made an application on 4th September 1976 to the Labour Court, jabalpur under section 33-C (2) of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act) for award of wages as P. L. Fitter from 1st september 1964 to 1st July 1976 and for getting the retirement benefits on the footing that his compulsory retirement as P. L. Fitter was invalid and void and he all along continue