- (1.) Heard Sri Punit Kumar Gupta, learned counsel for the petitioners and Sri Rajesh Rai, learned counsel for respondent no. 2.
(2.) The writ petition arises out of Labour Court award dated 12.4.2007 published on 5.7.2007 passed by the Presiding Officer, Labour Court - I, U.P., Kanpur.
(3.) By means of the impugned award, respondent no. 2 has been reinstated with back-wages on the ground that the dispensation of his services is in violation of Section 6-N of the U.P. Industrial Disputes Act, 1947. Admittedly, respondent no. 2 was a daily-wage (muster roll) employee with the petitioner corporation. The case of the petitioner is that in the year 2000-2001, certain projects of construction were allotted to the petitioner Corporation. In order to meet the requirements of staff, the Corporation proceeded to engage some persons on the muster roll. Respondent no. 2 was engaged on payment of Rs. 98/- per day in the month of June, 2001 and he has worked up to December, 2001. Total period of working of respondent no. 2 workman was 127 days. The respondent no. 2 was engaged at the time when work of the project had commenced, however, he was disengaged, thereafter.;