Arun Tandon - (1.) -Heard Sri Shyam Narain on behalf of the petitioner, Sri R. D. Khare on behalf of the respondent No. 2 and standing counsel on behalf of respondent Nos. 1 and 3.
(2.) THIS writ petition is directed against the award of the labour court dated 19th October, 1987, passed in Adjudication Case No. 95 of 1986. Petitioner Arun Kumar was appointed as clerk in the employment of U. P. State Sugar Corporation Limited, Laxmiganj, which is now a unit of the U. P. State Sugar and Cane Development Corporation. The appointment of the petitioner was time-bound and was extended from time to time. The last appointment offered to the petitioner came to an end, as per the conditions of appointment, on 28th February, 1985, and w.e.f. 1st Mach, 1985 the petitioner was refused work. Feeling aggrieved by the aforesaid action of the employers, workman raised an industrial dispute. The State Government, in exercise of powers under Section 4K of the U. P. Industrial Disputes Act, referred the dispute for adjudication to the Labour Court, Gorakhpur. The dispute was registered as Adjudication Case No. 95 of 1986. The labour court by means of the award dated 19th October, 1987, has answered the reference in favour of the employers and against the workman. Hence present writ petition.
(3.) THE labour court in its award dated 19th October, 1987, has recorded a finding that the petitioner was offered appointment as an Apprentice. THE appointment of the petitioner was time-bound and on each occasion this period was extended on the application filed by the workman himself. THE labour court in these circumstances held that the petitioner, being an Apprentice, does not answer the description of workman and consequently the provisions of Section 6N of the U. P. Industrial Disputes Act were not attracted. On behalf of the petitioner it is contended that the finding recorded by the labour court runs contrary to the law laid down by the Hon'ble Supreme Court in the judgment in State Bank of India v. N. Sundara Money, AIR 1976 SC 1111.;