Prakash Krishna, J. - (1.) THE present writ petition is on behalf of the employer. Challenging the legality, and validity of the award of Labour Court published on 16th of October, 1997 on the notice board whereby the respondent No. 2 herein has been ordered to be reinstated from the date of his termination i.e. 1st of December, 1989, be paid back wages and be treated in continuity of service, the present writ petition has been filed. The facts of the case lie in a narrow compass.
(2.) THE State Government referred a dispute for adjudication to the Labour Court as to whether the services of the respondent No. 2, Balveer Singh were validly terminated on 1st of December, 1989 and if not, then, to what relief, he is entitled? The respondent No. 2 filed a written statement on the plea's inter alia that he is in continuous service since 1st of December, 1988 and was posted in Akbarpur area of District Kanpur as miner. His services were terminated as certain officers were annoyed, without giving any notice or retrenchment.
(3.) THE petitioner filed written statement and objection on the ground that the Social Forestry Department, Nawabganj, Kanpur Dehat is a department of State Government and not an 'industry' within the meaning of U.P. Industrial Disputes Act and as such, the employee is not a workman within the meaning of the Act. The dispute sought to be raised is not an industrial dispute. The employee Balveer Singh was taken in employment as daily paid employee from time to time as and when required. After the end of his last employment, neither he turned up to work nor was taken in employment thereafter at any stage by the department.;