- (1.) RAKESH Tiwari-Heard counsel for the parties and perused the record.
(2.) THIS writ petition has been filed by the petitioner challenging the award dated 31.7.1989, passed by the labour court, Ghaziabad as well as the reference order dated 29.4.1985, passed by respondent No. 1. The brief facts of the case are that the petitioner entered into a contract with one Shyam Narain Gupta, an independent contractor, through its labourers, who were directly employed by him and working under his control and supervision for execution of certain manufacturing operations in one of its Factories. The contractor applied for the licence under the Contract Labour (Regulation and Abolition) Act, 1987, to work as contractor in petitioner's Company. The workers of the contractor accordingly left the factory after the contract work was over in March, 1984. For ready reference the order dated 28.5.1983 of the Dy. Labour Commissioner, U.P., Ghaziabad, granting licence and its terms and conditions is quoted below : ...[VERNACULAR TEXT OMMITED]... It appears from record that some of the workers of Shyam Narain Gupta, the contractor, raised an industrial dispute against the petitioner alleging that they were workmen of the company. Consequently, a reference was made by the State Government under Section 4K of the U. P. Industrial Disputes Act, 1947, to the Labour Court, Kavi Nagar, Ghaziabad.
(3.) THE terms of reference under the U. P. Industrial Disputes Act, is as follows : ...[VERNACULAR TEXT OMMITED]... The labour court by award dated 31.7.1989, decided the dispute in favour of the workmen, which was challenged by the petitioner by means of this writ petition on the following grounds :;