- (1.) RAKESH Tiwari, J. Heard.
(2.) CASE has been taken up in the revised list. Heard Sri S. N. Tripathi, learned counsel for the State Government which has filed the writ petition. Counsel for the workman respondent No. 2 is not present. This writ petition is directed against an award passed by Labour Court, Rampur dated 23. 4. 1999 in Adjudication Case No. 127 of 1991. The aforesaid award has been enforced by publication on the notice board on 6. 7. 1999. It appears from the records that respondent workman was a daily wage employee in Irrigation Division, Moradabad. He was initially engaged on 1. 1. 1988 and worked intermittently from time to time up to 31. 8. 1989. He was not engaged thereafter.
(3.) THE workman raised an industrial dispute alleging that his services has been illegally terminated w. e. f. 1. 9. 1989 without compliance of Section 6n of the U. P. Industrial Disputes Act, 1947 hereinafter referred to as U. P. I. D. Act. A reference under Section 4k of the U. P. I. D. Act was sent by the State Government to the Labour Court, Rampur aforesaid regarding the validity and illegal termination of the respondent-workman. THE reference order is as under: " KYA SEVAYOJKON DWARA SHREE SHRAWAN KUMAR SON OF SHRI KISHORI SINGH SAMBANDHIT SHRAMIK KI SEVAYEN DINANK 1. 9. 1989 SE SAMAPT KIYA JANA UCHIT ATHWA VAIDHANIK HAL YADI NAHI TO SAMBANDHIT SHRAMIK KIS HITLABH/anutosh KO PANE KA ADHIKARI HAI TATHA ANYA KIN VIVRANO SAHIT. " The reference was registered by the labour court as Adjudication Case No. 127 of 1991. On receipt of summons from the labour court, the parties filed their respective written statements. An additional issue was also framed by the labour court on the basis of pleadings of the parties to the effect whether the reference made to the labour court suffers from any infirmity in view of the assertion made in paragraphs 2, 3 and 4 of the written statements filed by the employer.;