Rakesh Tiwari, J. - (1.) HEARD counsel for the parties and perused the record.
(2.) THESE are the five writ petitions challenging the award of the labour court in which common question of law and facts are involved hence are being decided by a common judgment in Civil Misc. Writ Petition No. 53647 of 2000. The Kanpur Electricity Supply Administration was constituted under the U. P. Transfer of K.E.S.A. Zone Electricity District Undertaking Scheme, 2000. It is incorporated under the Companies Act, 1956 and is hereinafter called K.E.S.A. The respondents workmen raised an industrial dispute on 10.12.1991, regarding termination of their services from dates mentioned in order of reference. The State made reference of the dispute to Industrial Tribunal-IIIrd, U. P. Kanpur, where it was registered as Adjudication Case No. 305 of 1991. The dispute referred is as under : "Kya sevayojkon dwara sanlagn parishishtha mey ankit 28 chhatnishuda coolie shramikon ko punah seva mey na liya jana anuchit avam avaidhanik hai? Yadi hai, sambandhit shramik kya hitlabh/upsham paney ke adhikari hain, kis tithi sey tatha kis anya vivran sahit?" The case of the workmen was that the employer has contravened the provisions of Sections 6Q and 6B of the Industrial Disputes Act, 1947, read with Rules 42 and 43 of the U. P. Industrial Disputes Rules, 1957. The contention of the workmen concerned is that they were employed in the petitioner concern on different dates. The details of their working given by them are as under : Name of workmen Period of work From To S./Sri Mazhar Ali 8.5.72 15.5.74 Siddheshwar Prasad 8.5.72 31.1.73 S./Sri Sahab Prasad 19.2.70 31.7.72 S./Sri Raies Ahmad 10.10.68 7.8.79 S./Sri Ram Deen 8.5.72 31.1.73 S./Sri Siya Ram 15.12.65 30.4.66 S./Sri Bajarang Singh 3.5.71 31.5.71 S./Sri Mohd. Hassan 2.6.75 15.7.75 S./Sri Santosh Kumar Pandey 16.1.86 15.2.86 S./Sri Pardeshi 4.4.74 15.5.74 S./Sri Om Prakash 6.1.82 5.2.82 S./Sri Ram Chandar 6.1.82 5.2.82 S./Sri Mohd. Shamim 3.9.75 2.10.75 S./Sri Siddiqui 3.9.75 2.10.75 S./Sri Mohd. Jakir 6.1.82 5.2.82 S./Sri Ashok Kumar Pandey 6.1.82 5.2.82 S./Sri Ram Subhad 16.1.86 15.2.86 S./Sri Kishan Lal 6.1.82 5.2.82 S./Sri Jagannath 6.5.74 30.6.74 S./Sri Ram Swroop 23.9.75 22.10.75 S./Sri Ram Kumar 1.6.80 30.6.80 S./Sri Munni Lal 1.6.80 30.6.80 S./Sri Babu 1.2.80 20.2.80 S./Sri Ram Shankar 1.7.82 23.7.82 S./Sri Shatrughan Singh 3.12.74 7.1.79 S./Sri Kamaluddin 1.12.72 26.7.74 S./Sri Ahmad Ullah 18.11.81 31.1.82 S./Sri Rajendra Kumar 11.7.86 22.7.86
(3.) THE first question is whether termination of daily wagers and casual employees is retrenchment. THEre are service rules and employment is given according to rules in this establishment. THEre is no evidence that the persons named above were recruited according to rules. THE dates of employment as given by them show that they were employed for short periods. The case set up by the petitioner employer before the Industrial Tribunal was that the respondents workmen were engaged for short periods for one or two months for casual work and they had not been engaged against any permanent work 15-20 years back and the provisions of Sections 6N and 6Q of the U. P. Industrial Disputes Act, 1947 read with Rules 42 and 43 of the U. P. Industrial Disputes Rules, 1957, are not attracted.;