- (1.) By this petition under Art. 226 of the Constitution petitioner Dr. P. N. Gulati seeks to challenge the validity of an award under the Industrial Disputes Acts made by the Presiding Officer Labour Court, Gorathpur on 30.8.1972.
(2.) State of Uttar Pradesh, vide its notification dated 25-11.1970 referred the following dispute between the employers i. e. Messrs Swadeshi Cotton Mills Co. Ltd., Naini Allahabad (respondent No. 2), and their employes Dr. P. N. Gulati, for adjudication, to the Labour Court Allahabad :- "'Whether the employers have validly and properly terminated the service of their workman, Dr. P. N. Gulati with effect from 30.8.1969 ? It not, to what benefit or compensation is the consered medical officer entitled
(3.) Subsequently the reference was transferred to the Labour Court Gorakhpur, and in das cource both the employer and the employee filed their respective written statement before that Court. The employers clained that Dr. P. N Gulati had been employed by them as a part time medical officer. The letter of appointment envisaged that his appointment was terminable on one month's notice by either side. The management received a large number of complaints against Dr. Galati which showed that the workers had lost confidence in him. In the circumstances it was not possible to continue his employment any futher and his services were determined in accordence with the stipulation contained in his appointment letter. The employer futher claimed that Dr. Gulati, not being a workman as defined in the Industrial Disputes Act the dispute raised by him was not an industrial dispute and the State Government had no jurisdiction to refer the same for adjudication to the Labour Court.;