RAKESH TIWARI, J. - (1.) HEARD the Counsel for the parties and perused the record.
(2.) THE petitioner has filed the present writ petition challenging the impugned award dated 26.3.1999 passed by Labour Court in Adjudication Case No. 8 of 1998, Annexure 9 to the writ petition, treating respondent No. 1 with continuity in service and back wages from the date of his termination dated 1.6.1995. The brief facts of the case as they appear from record are that the petitioner has a Photostat machine installed in a room of 12 x 8 feet. The shop was registered with the Director of Industries having its Registration No. SSI -53612. There are two electrostat machines in the shop. One of the machines is used for job work and another is used for display to secure orders for sale of the electrostat machine on commission. It is alleged that the workman required an experience certificate for applying for job else where and the same was given to him on 8.12.1990 by the proprietor of the shop. Thereafter the workman worked in the petitioner's establishment as helper till 10.12.1990. The petitioner alleges that after taking experience certificate, he left the job himself for better prospects.
(3.) RESPONDENT No. 1 raised an industrial dispute before the Regional Conciliation Officer, Varanasi. On conciliation proceedings having failed, the following reference was made by the State Government in exercise of powers under Section 4 -K of the U.P. Industrial Disputes Act, 1947: - "KIYA SEWAYOJKON DWARA APNE SHRAMIK BASUDEV GUPTA PUTRA SHRI BACHNU GUPTA KEE SEWAYEN DINANK 1.6.1995 SE SAMAPT KIYA JANA UCHIT TATHA/ATHWA VAIDHANIK HAI? YADI NAME TO SAMBANDHIT SRAMIK KIYA HITLABH PANE KA ADHIKARI HAI." ;