IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL OLD NO. 11201 OF 1999 Writ Petition No. 1377 of 2007 (M/S) U.P. State Electricity Board, through Executive Engineer, Electricity Distribution Division-I (Rural) Dehradun and another. ……. Petitioners. Versus Presiding Officer, Labour Court, Dehradun and another. … Respondents. Sri N.S.Negi, Advocate, learned counsel for the petitioner. Sri M.C.Pant, Advocate, learned counsel for the respondent No. 2. Date May 21, 2009. Hon’ble B.S.Verma, J. Heard learned counsel for the parties and perused the record. This writ petition has been preferred for issue a writ, order or direction in the nature of certiorari quashing the impugned award dated 30-4-1998 published on 16-12-1998 (Annexure-14) passed by the Presiding Officer, Labour Court Dehradun- respondent no.1 in adjudication Case No. 179 of 1997. By the impugned award dated 30-4-1998, the respondent no.1 by a common order passed in Adjudication Case Nos. 170/1997, 175 of 97, 179 of 1997, 180 of 1997 and 181 of 1997 directed the employers to reinstate the workmen Chamanlal, Ramesh Chandra, Dharampal, Amarnath and Umesh Kumar in service with 50% back wages. Learned counsel for the petitioner- Power Corporation has urged that the controversy involved in the present writ petition has already been resolved by this Court vide Order dated 12-9- 2003 passed in Writ Petition No. 1140 (M/S) of 2001 along with W.P.M.S. Nos. 1141 of 2001, 1142 of 2001 and 3004 of 2001, which were filed against the same award dated 30-4-1998. Learned counsel further submitted that the dispute involved in the present writ petition being identical to that of the aforesaid writ petitions, this writ petition may be dismissed on merits and the award be modified in terms of the order dated 12-09-2003 passed by this Court. Learned counsel for the respondent no. 2 has fairly conceded to the above fact. Admittedly, by a common award dated 30-4-1998 passed in five different adjudication cases, referred to above, the learned Labour Court directed the employer to reinstate the workmen Chamanlal, Ramesh Chandra, Dharampal and Umesh Kumar in service with 50% back wages. The Petitioner-Power Corporation challenged the award before the Allahabad High Court in five separate writ petitions. The present writ petition relates to the dispute relating to respondent no.2-Dharampal. Out of them, four writ petitions, namely Civil Misc. Writ Petition No. 11191 of 1999 (WPMS No. 1140 of 2001, C.M.W.P. No. 11194 of 1999 ( WPMS No. 1141 of 2001, CMWP No. 11196 of 1999 (WPMS No. 1142 of 2001) and CMWP No. 11198 of 1999 (WPMS No. 3004 of 2001) have already been decided by this Court by a common order dated 12-9-2003. I have perused the order dated 12-09-2003. The operation portion of the order reads as under:- “Therefore, the award is modified to the extent that no back wages shall be paid to the respondents/workmen. Also as observed by the Labour Court, the respondents/workmen shall be regularized, if juniors have been regularized. All these writ petitions are dismissed but it is made clear that the respondents/workmen, in all these petitions, are not entitled to get back wages.” The controversy involved in the present writ petition being identical, the writ petition deserves to be dismissed on merits and the impugned award deserves to be modified in terms of the order dated 12-9-2003, passed by this Court in Writ Petition No. 1140 (M/S) of 2001 (Old CMWP No. 11191 of 1999) Uttaranchal Power Corporation Ltd. And another Vs. Presiding Officer, Labour Court, Dehradun and another. Accordingly, the writ petition is dismissed on merits in terms of order dated 12-9-2003 passed by this Court in Writ Petition No. 1140 (M/S) of 2001 (Old CMWP No. 11191 of 1999) Uttaranchal Power Corporation Ltd. And another Vs. Presiding Officer, Labour Court, Dehradun and another. The workman- respondent no. 2 shall not be entitled to get back wages, as directed by this Court in the earlier order. (B.S.Verma, J.) RCP