JUDGMENT

Arijit Pasayat, J. — Leave granted.

2. Appellants call in question legality of the judgment rendered by a learned Single Judge of the Uttaranchal High Court. By the impugned judgment, the learned Single Judge set aside the order of termination passed by appellant No.2 and directed re-instatement of the respondent in service with continuity of service, but without back wages.

3. Factual background needs to be noted in brief.

The respondent was appointed as Driver in appellant No.1-U.P. State Road Transport Corporation (hereinafter referred to as the Corporation). On 10.10.1990 while the respondent was plying the bus No.UGA 938 on Mussoorie road, all of a sudden the vehicle met with an accident and fell into a ditch. Thereafter, a disciplinary enquiry was initiated against the respondent in which the charges against the respondent were found proved and the appellant vide its order dated 31.3.1993 dismissed the respondent from service. Thereafter, the respondent filed an appeal before appellant No.2, which was rejected on 30.6.1993. Thereafter, the respondent raised an industrial dispute under Section 4-K of the U.P. Industrial Disputes Act, 1947 (in short the Act). The industri