- (1.) This petition has been filed against the award of the Industrial Tribunal. The following dispute was referred to the Tribunal under S. 4-K, U. P. Industrial Disputes Act: (This matter being in Hindi we regret that we have to omit it here as we have no facilities for printing Hindi Ed) In para 5 of this written statement the employer took objection to the validity of the reference itself. The Tribunal on the basis of this plea framed an issue in the case, which it termed as 'exploratory issue', in the following form: "Whether there has been no relationship of master and servant between M/s. Shining Tailors, Faizabad and the persons mentioned in the annexure to the order of reference for reasons mentioned in para 5 of the employer's written statement?"
(2.) The Tribunal considered the evidence led by the parties and recorded a finding that because the workmen were working on the basis of piece-rate wages and were free to take employment either under one master or the other they were not employees of the respondent employer. Learned counsel for the petitioner has contended that this view is contrary to the established position of law; according to him the piece rate workers are also workers of the particular employer for whom they work and entitled to the benefits of the Industrial Disputes Act. In support of his contention he has referred to Hussain Bhai V/s. The Alath Factory Tezhilali Union, Kozhikode, 1978 4 SCC 257 and Whiteway Dresses Madras V/s. The Presiding Officer, II Addl. Labour Court Madras, 1978 2 MadLJ 528. These cases, prima facie, support the petitioners case.
(3.) It is also contended that the Tribunal was in error in not summoning necessary evidence and making the local inspection before arriving at the conclusions, and erred in not considering the fact that the workmen worked even at the establishment of the concerned employer.;