- (1.) HEARD Mr.Shishir Jain, learned counsel for the petitioners as well as Mr.D.P.Dubey, learned counsel for the opposite party No.1.
(2.) THROUGH the instant writ petition the petitioner has challenged the award dated 23.12.1999, passed by the Industrial Tribunal, State of U.P., Lucknow.
(3.) THE learned counsel for the petitioners submits that the respondent No.1 was engaged as Beldar on daily wages basis and his services had automatically come to an end on 7th of September, 1991, however, pursuant to the order passed by this court in writ petition No.5319 of 1991, filed by one Veneet Kumar Srivastava, the petitioner was allowed to work, but subsequently it was found that his case is not covered under the aforesaid judgment, therefore, he was again retrenched on 23.11.1993. It is stated that he had worked for a very short period w.e.f. April, 1990 to 7th of September, 1991 as a casual labour, therefore, there was no occasion to follow the provisions of Section 6 -N of the U.P. Industrial Disputes Act. It is further stated that the Industrial Tribunal has failed to appreciate this fact and has passed the award with the direction to reinstate the petitioner alongwith back wages, which is unsustainable.;