- (1.) Heard Sri V.K. Singh, learned senior counsel assisted by Sri S. Shekhar, learned counsel for the petitioner employer Principal/Executive Director, Civil Aviation Training College, Bamrauli, Allahabad and Sri R.C. Singh and Sri Ranjeet Asthana, learned counsel for respondent no.2, workman in each writ petition.
(2.) In the first writ petition respondent no.2, workman is Ramesh Kumar Srivastava. In the second writ petition respondent no.2 workman is Pushpendra Kumar Srivastava. In the third writ petition, respondent no.2, workman is Anoop Kumar. In the 4th writ petition workman respondent no. 2 is Naresh Kumar Thakur.
(3.) These writ petitions are directed against common award dated 27.12.2006 given by Presiding Officer C.G.I.T. Cum labour court, Kanpur in four Industrial Disputes being Industrial dispute no.19 of 2001,20 of 2001, 72 of 2002 and 73 of 2002. The matter which was referred to the labour court was as to whether a direct employer employee relationship was established between the petitioner employer and the four workmen and if so whether termination of their services w.e.f. 1.2.1999 and 4.10.1999 was legal and justified or not. The case of the employer was that the workmen had been engaged to work as computer operators through a contractor in the name and style of Chail Computer Academy Allahabad. The workmen had asserted that the authorities of the petitioner had taken written test and interviewed them before appointing. Each workman had worked for about 6 or 7 years, before termination of his service. The petitioners also contended that the workmen were engaged for a project.;