S.U. Khan, J. - (1.) LIST revised. No one appears for workmen respondent Nos. 3 and 4. Heard learned counsel for the petitioner -employer.
(2.) THIS writ petition is directed against the award dated 4.10.1990 given by Presiding Officer, Labour Court, U.P., Agra, in abdication case No. 124 of 1985. The matter which was referred to the Labour Court was as to whether the action of the petitioner employer terminating the service of its workman respondent Nos. 3 and 4 Ali Mohammad and Nabi Rasool w.e.f. 16.8.1984 and 6.8.1984 was just and legal or not. It was argued before the labour Court that petitioner's establishment was a unit of National Textile Corporation, U.P., Kanpur, hence it was covered by I D. Act and not U.P.I.D. Act. Reference was made by Government of Uttar Pradesh under section 4 -K of U.P.I.D. Act.
(3.) LABOUR Court held that both the workmen were permanent workmen. They performed duties on such machine which were permanently in use. Labour Court further found that both the workmen had worked for about 3 years, however, appointments were being given to them for one or two months with few days breaks. The Labour Court further found that there was no provision under certified standing orders for such appointments which were given to the workmen concerned. Ultimately, labour Court directed reinstatement with full back wages. Through interim order dated 15.4.1991 passed in this writ petition operation of the impugned award was stayed until the further order unconditionally.;