Anjani Kumar, J. - (1.) The petitioners-employers aggrieved by the award of the Labour Court, Kanpur dated 30th July, 1992 passed in adjudication case No, 64 of 1990, approached this Court by means of present writ petition under Article 226 of the Constitution of India, copy whereof is annexed as Annexure-'6' to the writ petition.
(2.) The following dispute was referred to by the State Government in exercise of power under section 4-K of the U.P. Industrial Disputes Act, 1947 (hereinafter referred to as the 'Act') vide its order dated 5th September, 1990, before the labour Court for adjudication. ...[VERNACULAR TEXT OMITTED]...
(3.) After receipt of the reference, the labour Court issued notices to the parties and the parties concerned have exchanged their pleadings and adduced evidence. The workman concerned claimed declaration that he is entitled to be declared permanent on the post of Chaukidar, as he was working with the employer with effect from 1st March, 1981. The employers have set up case that the workman was posted in the social forestry department of the employers, though he was employed since 1st March, 1981, but he has not been confirmed. It is also stated by the workman concerned that there are at least 300 workmen, who were employed by the employers after the present workman was engaged. The workman though regularly working with the employers, but has not been confirmed. The workman has also claimed that principle of 'equal pay for equal work' like any other regular employee.;