- (1.) Heard Sri B D Mandhyan, learned Senior Counsel assisted by Sri M N Tripathi, learned counsel for the petitioner and Sri R L Verma, learned counsel for respondent no. 2.
(2.) The petitioner's challenge the correctness of award dated 14.3.2000, as published on 27.11.2000, passed by Labour Court, U.P., Agra in Adjudication Case No. 53 of 1999, granting reinstatement with back wages.
(3.) Respondent no. 2 claims to have been engaged as Mandi Assistant (daily wager) on 21.12.1996 on wages of Rs.35/- per day at Mandi Samiti, Fatehpur Sikri, Agra. However, his services was sought to be terminated on 11.12.1997, even though he had completed 325 days of continuous service. Thus, the workman challenged his termination as being violative of Section 6 N of the U.P. Industrial Act (for short the "Act") and claimed before the Labour Court that his services be regularized as was done in the case of one Kailash and Chhote Lal, even though their regularization was not preceded by any public advertisement or interview. The petitioner's resisted the claim of the workman on the ground that the engagement of respondent no. 2 was valid only for 89 days, but as there was no approval for the extended period, the services of the workman came to an end on 11.12.1997.;