Anjani Kumar, J. - (1.) The petitioner-eiriployer, aggrieved by an award of the Labour Court dated 24th September, 1984"in Adjudication Case No. 1 of 1975, has approached this Court by means of this writ petition under Article 226 of the Constitution of India.
(2.) The following dispute was referred to the Labour Court for adjudication : "KYA SEWAYOJAKON DWARA APNE KARMCHARI SHRI MUJIB AHMAD (PUTRA SHRI KHAN MOHAMMAD) KO SEASON 1973- 74 KE ARAMBH HONE Kl TITHI 7-12-73 KO KARYA PAR NA LIYA JANA UCHIT TATHA/ATHWA VAIDHANlK HAL YADI NAHIN TO SAMBANDHIT KARMCHARI KYA LABH/ KSHATIPURTI PANE KA ADHIKARI HAI TATHA ANYA KIS VIVRAN SAHIT."
(3.) The Labour Court, on receipt of the aforesaid reference, issued notices to the workman concerned as well as the employer. The parties exchanged pleadings and adduced evidence. In short the workman has set up his case that he has been employed by the employer in crushing season. 1971-72 and has worked the whole season of 1971-72 as sheet-writing clerk which is the job of seasonal nature. The crushing of the season 1972-73 started, on 28-11-1972 and ended on 15-3-1973. The workman worked in this 1972-73 season also. His work and conduct was unblemished and no complaint whatsoever was either raised or communicated to the workman concerned. The workman has further set up the case mat when the bonus to all other employees was paid for the season 1971-72 he was also paid the bonus but he was not paid retaining allowance. The workman has further cited the case of other employees who were appointed with the workman concerned, they, were still allowed to work. The cause of action for raising dispute has arisen when all other employees similarly situated were allowed to join 1972-73 season but the workman concerned was denied. The aforesaid deprivation of employment by the employer to the workman concerned is contrary to law and the workman concerned is entitled to all rights and consequential benefits of a seasonal employee.;