V.C.MISRA, J. - (1.) HEARD learned Counsel for the parties at length and perused the material on record.
(2.) THE present writ petition has been filed challenging the impugned award dated 19.11.1996 annexure -1 to the writ petition passed by respondent No. 1. The facts of the case in brief are that the respondent No. 2 was appointed as a daily wager in the petitioner -establishment on account of exigency of work on 21.10.1983 and thereafter he worked as a daily wager with effect from 1.7.1986, and when he requested for being regularized, his services were dispensed with from 1.7.1986 without compliance of the provisions of Section 6 -N of the U.P. Industrial Disputes Act, 1947 (hereinafter referred to as the Act). Being aggrieved, the respondent No. 2 raised an industrial dispute and the State Government exercising the power under Section 4 -K of Industrial Disputes Act, 1947 referred the dispute and Adjudication Case No. 5 of 1993 was registered. The dispute under Section 4 -K is as follows: Kya sewajko dwara apne shramik Ram Singh putra Shri Chandan Singh pad -Chaprasi/Cahukidar ke sewaen dinank 1,7.1986 se samapta kiya rana uchit tatha/athwa vaidhanik hey? Yadi nahin, to sambandhit shramik kya labh/anutosh (relief) pane ka adhikari hey, tatha anya kis vivran sahit.
(3.) THE case of the petitioner -employer is that he was never appointed in accordance with the U.P. Co -operative Societies Employees Service Regulations, 1975 (hereinafter referred to as the Regulations) and was kept as daily wager and continued for some time due to exigency of work and on its coming to an end he was not required to perform any work as daily wager with effect from 2.7.1986.;