- (1.) RAKESH Tiwari, J. Heard learned counsel for the parties and pe rused the record.
(2.) THIS writ petition has been filed challenging the validity and correctness of the order dated 26th July, 2005 passed by the Labour Court, U. P. Agra in Misc. Case No. 77 of 2003, Udham Singh, workman v. Deputy Director, Rajya Krishi Utpadan Mandi Parishad, Agra and another. By the aforesaid order dated 26th July, 2005 the Labour Court has awarded compensation of Rs. 46,800/- payable to the workman and has directed the re spondents to pay the same along with interest at the rate of 3-1/2% per annum on the aforesaid amount. Brief facts of the case are that an application under Section 33-C (2) of the U. P. Industrial Disputes Act, 1947 was filed by the workman Udham Singh who was employed at Mandi Samiti Mathura on 10. 6. 1996 claiming that he has not been paid salary for the period 1 st December, 1997 to 31 st March, 1999 to which he is entitled to but it has not been paid to him inspite of demand made to the employer.
(3.) THE Mandi Samiti, Mathura filed objection inter alia that the workman was appointed on daily wage for 89 days and he was transferred to Mandi Samiti, Mathura on 30th June, 1997. THEreafter his services were dispensed with w. e. f. 30. 11. 1997 and it is incorrect to say that his services were dispensed with from 1. 4. 1999 by oral order or that he is entitled to salary upto that date. The contention of learned counsel for the petitioners is that the workman has not worked with the Mandi Samiti after 30. 11. 1997 and in pursuance of the circular letter issued by the Director, Mandi Parishad the salary may be paid only to the regularly appointed employees. The workman being a daily wager his ser vices were dispensed as his appointment was illegal, unauthorized and against the regulations.;