HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 43781 of 2000 With Writ Petition Nos.43784 of 2000, 55017 of 2000 and 55028 of 2000, Court No. - 36 HON'BLE SAURABH SHYAM SHAMSHERY, J. 1. Heard Sri P. Tripathi, learned counsel for the petitioners and Sri A.K.Srivastava, learned counsel for the respondents. 2. Contesting respondents have claimed that they have worked on muster roll for 10 to 15 years and they were allegedly retrenched without complying with the relevant provisions of U.P. Industrial Disputes Act, therefore, an industrial dispute was raised. During proceedings on basis of a muster roll, it was directed that since all contesting respondents have worked for 240 days in a year, therefore, impugned award was passed whereby direction was passed to reinstate all the contesting respondents with entire backwages. 3. Above referred award was challenged by the employer i.e. Irrigation Department wherein a conditional order was passed on 12.10.2000 and for reference said order is reproduced hereinafter: "Heard Sri C.K.Rai, learned standing counsel on behalf of the petitioner. Sri Gopal Narain takes notice on behalf of respondent no. 2. Let him file counter affidavit within six weeks. List immediately thereafter. Versus Counsel for Petitioner(s) : S.C. Counsel for Respondent(s) : Ashish Kumar Srivastava, Atul Kumar Srivastava, B.N.Tripathi, C.S.C., Gopal Narain, Shyam Narain State Of U.P. Through Executive Engineer Irrigation Div.Ii .....Petitioner(s) P.O. Labour Court Gorakhpur And Another .....Respondent(s) In the meantime the award dated 7.9.1999 published on 6.4.2000 shall remain stayed provided the petitioner deposits the entire back wages payable to the respondent no. 2 with respondent no. 1 within two months from today. If it is done, this amount shall be invested for the benefit of respondent no. 2 in some fixed term deposit in some Nationalised Bank initially for a period of one year so that it may earn interest. This deposit shall be held by respondent no. 1 subject to the ultimate decision of this writ petition. As regards the re-instatement of respondent no. 2 employee it is directed that on submitting the joining report by respondent no. 2 the petitioner shall take him in service. However, it shall be kept open to the petitioner to take work from him or not but his current salary shall continue to be paid. It is further directed that on any point of time respondent no. 2 is found to be engaged in some gainful employment the petitioner shall be entitled to stop payment of the current salary." 4. It appears that during pendency of this writ petition aforesaid conditional interim order was not complied with and contesting respondents were not granted appointment. 5. Some orders were passed by this Court and affidavit were also exchanged and some of the contesting respondents were granted an amount of about Rs.3.5 lakhs also, except contesting respondent in Writ petition No.55017 of 2000. 6. Admittedly, all contesting respondents have crossed age of superannuation and presently they are about 65-70 years and one of the contesting respondent has expired also. 7. In the aforesaid circumstances, at this stage no reinstatement can be granted. 8. By way of earlier orders, Court has asked contesting respondents to come up with outstanding amount and some of them have filed affidavits also and raised demand of more than Rs.10 lakhs. WRIC No. 43781 of 2000 2 9. Be that as it may, considering above referred circumstances and since the matter is pending for last more than two and half decades and there was a conditional interim order also and that contesting respondents have earlier worked for 10 to 15 years, therefore, in view of a judgment passed by Supreme Court in State of Uttar Pradesh Vs. Krishna Murari Sharma, 2025 INSC 1500, Court is of view that all contesting respondents/legal heirs are entitled for one time lump sum amount of Rs.2.5 lakhs over and above amount if already paid. In case, any of the contesting respondent was not paid any amount during pendency of this writ petition, said contesting respondent will be entitled for additional amount of Rs.1.5 lakhs. 10. Aforesaid amount shall be paid to the contesting respondents or their legal heirs as the case may be within a period of six months. 11. Accordingly, all writ petitions are disposed of. September 15, 2026 SB WRIC No. 43781 of 2000 3 (Saurabh Shyam Shamshery,J.) Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad