RAKESH Tiwari, J. - (1.) Heard Counsel for the parties and perused the record. This writ petition has been filed by U.P. Avas Evam Vikas Parishad challenging the award dated 9.4.1999 published on 5.7.1999 holding the termination of services of respondent Rekha Gupta as illegal and reinstated her with full back wages and continuity of service.
(2.) THE case of respondent -Rekha Gupta was that she was initially employed as apprentice under the Apprentices Act from 5.6.1989 to 4.6.1990 as a clerk -cum -typist. On completion of apprenticeship she' was appointed on a salary of Rs. 682/ - per month on 5.6.1990. When she demanded for regular salary her services were terminated on 1.9.1992 without giving any charge -sheet or complying with the provisions of section 6 -N of the U.P. Industrial Disputes Act. Admittedly she is a handicapped lady. The case of the petitioner -Parishad is that the Parishad has framed rules for recruitment. The respondent was appointed as a daily wager on need based work, hence her termination was not retrenchment and compliance of section 6 -N of the U.P. Industrial Disputes Act was not necessary.
(3.) THE Counsel for the petitioner submits that the provisions of section 25 -F of the Industrial Disputes Act or 6 -N of the Act are not attracted to a case of daily wager appointed irregularly without following rules. He places reliance on the case of Himanshu Kumar Vidyarthi and other v. State of Bihar and others. 1997 II CLR 15 (SC) = 1997 (4) SCC 560. The Labour Court by the impugned award has held that the termination of Rekha Gupta amounts to retrenchment and is void for non - compliance of section 6 -N of the U.P. Industrial Disputes Act.;