Shishir Kumar, J. - (1.) The present writ petition has been filed for quashing the order dated 28.6.2001 (Annexure 3 to the writ petition) passed in Miscellaneous Case No. 128 of 2000 by the Labour Court.
(2.) The fact arising out of the writ petition is that the petitioner is a statutory body constituted under Road Transport Corporation Act, 1950 vide notification dated 31.5.1972 effective from 1.6.1972 by the State of U.P. The Central workshop has five categories of employees for handwork, which is non-skilled, semi-skilled, skilled, specialist and specialist Grade-1. Inspite of the aforesaid categories of workman the central work shop engaged from time to time daily wagers purely on temporary basis for the purposes of cleaning of the head and maintenance of grass and flowers. After finishing the work the services of the workman come to an end and they are being paid on daily rated basis. It has been submitted that the respondent No. 1 has worked in the corporation on 16 days in the month of December 1986 and thereafter he has not worked in the corporation. The respondent No. 1 has raised a dispute though it was highly belated. The respondent No. 1 has filed an earlier claim which was numbered as miscellaneous case No. 256 of 1991 before the Labour Court and the Labour Court vide its order dated 6.6.1995 has given an award against the respondent No. 1. The respondent No. 1 was never an employee of the corporation, as such, there was no requirement or there is no violation of provisions of Industrial Disputes Act.
(3.) A written statement was filed on behalf of the petitioner stating therein that the workman was not given any appointment, as such, there is no requirement of compliance of the provisions of the Industrial Disputes Act but the presiding officer, Labour Court vide its judgment and order dated 28th June, 2001 giving an award of reinstatement with 50% back wages in favour of the respondent No. 1. As the order passed by the Labour Court was wholly illegal and without jurisdiction and against the evidence on record, the present petition has been filed before this Court.;