T.S.Misra, J. - (1.) THIS petition is directed against the judgment and order passed by the U. P. Public Services Tribunal. The facts giving rise to this petition are these. The respondent no. 1 was appointed as Assistant Supervisor (Work Charged) on 21st September, 1966 in the Service of the U. P. State Electricity Board. His services were terminated by notice dated 14th September, 1971 on the ground that they were no longer required and a bank draft for one month's pay in lieu of notice was sent to him along with that notice. The respondent no. 1 then filed a suit in the court of First Munsif, Bulandshahr for declaration to the effect that he is still in service as Assistant Supervisor and the termination order is illegal and void. The suit was contested by the petitioners who filed their written-statement. However, on the enforcement of the U. P. Public Services (Tribunals) Act, 1976 the suit was sent to the U. P. Public Services Tribunal constituted under the said Act. The present petitioners then filed an affidavit stating therein that the U. P. State Electricity Board is an industry as defined in the Industrial Disputes Act, 1947, that the respondent no. 1 was employed on work charged basis and was getting consolidated wages at the rate of Rs. 202/- per month and that he was a workman as defined in the Industrial Disputes Act, 1947 ; hence the Tribunal had no jurisdiction to try the petition. A rejoinder-affidavit was filed by the respondent no. 1 before the Public Services Tribunal stating, inter alia, that the allegations with regard to the jurisdiction of the Tribunal were not only frivolous but were baseless. The Tribunal has decreed the claim petition of the respondent no. 1. The petitioners have impugned that order on this point.
(2.) THE sole point urged on behalf of the petitioners was that the Tribunal had no jurisdiction to hear and decide the case inasmuch as the respondent no. 1 was a workman as defined in the U. P. Industrial Disputes Act, 1947. This contention, however, stands concluded by a decision of this Court in Writ Petition no. 4580 of 1976-Bhagwati Prasad Chaurasia v. U. P. Public Services Tribunal, decided on 27th January, 1977. THE Tribunal had, therefore, the jurisdiction to hear and decide the claim petition. No other point was urged. In the result, the petition fails and is dismissed with costs.;