Rakesh Tiwari, J. - (1.) Heard learned Standing Counsel for the petitioner-State of U.P. Services of the respondent No. 2-workman were terminated w.e.f. 26.9.1991. Fie raised an industrial dispute before the Deputy Labour Commissioner, Kanpur. Vide order dated 7.7.1994 the dispute regarding legality and justification of the order of termination of services of the respondent-workman was referred to the Labour Court (I) Kanpur, which was registered as Adjudication Case No. 197/94.
(2.) On receipt of summons from the Labour Court, the parties filed their respective written statements. The case of the workman was that he had been employed by the employer-Public Works Department on 26.6.1990 on the post of Mazdoor and had worked for more than 240 days in a calendar year but his services were terminated illegally and in violation of the provisions of section 6-N of the U.P. Industrial Disputes Act.
(3.) The stand taken by the employer was that the workman had not worked continuously from 26.9.1991 but was engaged, from time to time, during the period 1991-92 as a daily wager.;