- (1.) Upon a dispute being raised by the workman, the petitioner, C.P. Case No. 73 of 1998 before the Conciliation Officer was registered and, thereafter when no conciliation took place, a reference was made by the relevant State Government on 8.6.1999. The reference was to the following effect :- ....[VERNACULAR TEXT OMITTED]....
(2.) Pleadings were exchanged. Thereafter when award went against the petitioner on 23.12.2001, the instant writ petition was filed on 22.4.2004. The petitioner had come up with a case before the Tribunal that he was a permanent employee with effect from 1.1.1985 and was working as a Mate and that without any notice or any disciplinary enquiry his services were done away with on 1.1.1991. The alternative case before the Tribunal was that even if the petitioner was a temporary employee he had completed 240 days and, therefore, he had put in a continuous service as was defined under Section 2(g) of the U.P. Industrial Disputes Act, 1947, (hereinafter referred to as ' the U.P. Act') and, therefore, he was entitled for a notice under Section 6N of the U.P. Act. However, upon the consideration of the pleadings of the parties, the evidence as was led by the employee/workman and the employer, the Tribunal concluded that the petitioner had not put in a continuous service of 240 days and, therefore, was not entitled for any notice. It was further held that he was not entitled for regularization. The Tribunal also held that the claim was a very belated one and, therefore, was considered stale.
(3.) Learned counsel for the petitioner while assailing the award submitted that the petitioner definitely had put in a continuous service of more than 240 days during a period of 12 calendar months and, therefore, was entitled for a notice under Section 6N of the Act. Learned counsel for the petitioner relied upon 2003 (99) FLR 331 (M/s. U.P. Drugs and Pharmaceuticals Co. Ltd. vs. Ramanuj Yadav and Others) and submitted that "continuous service" as was defined under Section 2(g) of the U.P. Act was very different from the definition of "continuous service" under Section 25B of the Industrial Disputes Act, 1947(the Central Act).;