- (1.) Heard learned Standing Counsel for the petitioner and Sri Gopal Narain, learned counsel for respondent No.2.
(2.) Writ petition is directed against award dated 29th August, 1997 given by Industrial Tribunal, (V) U.P. Meerut in Adjudication Case No.156/94 declaring termination of workman respondent No.2 w.e.f. 11.10.1991 as illegal and unjustified and holding him entitled for relief of reinstatement with backwages and continuity of service.
(3.) The case set up by the employer is that the workman was a Seasonal daily wage employee and has not worked for 240 days in preceding 12 months, inasmuch as, as per the record of department has worked only for 218 days, therefore, allegation that he has been retrenched illegally are incorrect. The Tribunal formulated the following three issues: Issue No.1:- "Whether the workman was a seasonal workman as alleged in para 12 of the employers written statement?" Issue No.2:- "Whether the workman concerned was a daily wager or he was getting monthly salary, Either way, its effect?" Issue No.3:- "Whether the workman concerned had completed more than 240 days of service in last year of his service? If so, its effect?";