S.K.Singh, J. - (1.) By means of this writ petition the petitioner has challenged the award of the Labour Court (I) Kanpur dated 9.8.1990 passed in Adjudication Case No.153 of 1986 (Annexure 10 to the writ petition).
(2.) Respondent No. 3 Keshav Kumar Tandan was appointed on daily wage as Peon in the petitioner's Bank initially for a fixed period upto 31.3.1984 by appointment letter dated 2.2.1984. In pursuance of that appointment letter dated 2.2.1984. respondent No. 3 submitted his joining report on 4.2.1984. The appointment letter dated 2.2.1984 and the joining as was submitted by the respondent No. 3 has been annexed as Annexures 1 and 2 to the writ petition. In the joining as has been submitted by the respondent No. 3 dated 4.2.1984 he specifically states "Mujhe Uprokta Aadesh Me Lagoo Samast Seva Sharte Manzoor Hai". After 31.3.1984 respondent No. 3 was again appointed vide letter dated 16/19th November, 1984 for a period upto 31st December, 1984 and again appointment was given to the respondent No.3 by letter dated 2.1.1985, with a stipulation that his appointment would come to an automatic end on expiry of the fixed term. In pursuance of the appointment letter dated 2.1.1985 working of the respondent No. 3 came to an end on 31.3.1985.
(3.) On account of cessation of work a dispute was raised by the respondent No. 3 in respect to his continuance, upon which the State Government has made a reference in exercise of powers under Section 4-K read with Section 2-A of the U.P. Industrial Disputes Act. 1947 to the effect that "whether termination of services of Keshav Kumar Tandan w.e.f. 1.4.1985 is legal and if not, then to what relief he is entitled.";