- (1.) The petitioner/employer is assailing the award dated 05 March 2003 published on 15 October 2003 in Adjudication Case No. 528 of 1992 passed by Labour Court, Gorakhpur. State Government on 27 August 1992 referred the following dispute: "Whether the termination of service of the workman Shri Raj Karan by its employer w.e.f. 01.12.1991 is legal and justified? If not, the relief workman is entitled to get?"
(2.) The case of the respondent/workman is that he was engaged as Beldar by the Irrigation Department of the State since 1980, worked for more than 240 days in a calander year but without notice or retrenchment compensation, was terminated by the employer on 01 December 1991.
(3.) The petitioner in their objection/written statement denied the allegations contenting that the respondent/workman was engaged on dailywage basis for intermittent period on availability of work and funds. The respondent never worked for more than 240 days in a year. The Labour Court held that the workman had put in 240 days in a year, the provisions of 6N of the U.P. Industrial Disputes Act, 1947 was not complied, accordingly ordered reinstatement of the respondent/workman with 50% backwages with continuity of service.;