Anjani Kumar, J. - (1.) The petitioner-workman aggrieved by the award of the Labour Court, U.P., Varanasi dated 17th June, 1996, passed in adjudication Case No. 185 of 1989, has approached this Court by means of present writ petition under Article 226 of the Constitution of India, copy whereof is annexed as Annexure-9 to the writ petition.
(2.) The following dispute was referred to before the Labour Court for adjudication:- ...[VERNACULAR TEXT OMITTED]...
(3.) After receipt of the reference, the Labour Court issued notices to both the employers as well as the employee-workman, who have put in appearance and filed written statements, rejoinder affidavits and also adduced oral as well as documentary evidence. The case set up by workman, in short, is that the employers U.P. Rajkiya Nirman Nigam is an organisation, which have several units in the country as well as abroad, where the construction work is going on. One such unit of the aforesaid organisation is situated at Anpara in the district of Sonebhadra where the employers have engaged the petitioner-workman as muster role employee and he has been transferred from one unit to another unit from time to time. It is also stated that the workman was initially appointed through supplier of the Labour in the year 1983. His father Ram Awtar was working as Chaukidar and he had worked for ten years with the employers in their Anpara unit and after the death of his father, the workman was engaged on 25th July, 1985, but in the record he was continued to be shown as employee through labour suppliers. On 1st December, 1988 his services have been terminated on the ground that the work of the unit concerned has been completed and their unit is closed down.;