- (1.) HEARD learned counsel for the parties.
(2.) THE instant writ petition has been filed by the petitioner under Article 226 of the Con­stitution of India for quashing part of the award dated 8-6-1984 passed by the Presid­ing Officer, Labour Court, Lucknow in Ad­judication Case No. 118 of 1982 whereby the relief of reinstatement was denied to the peti­tioner as well as the order of termination/re­trenchment dated 19-7-1979. Brief facts of the case as stated in the writ petition are that the opposite party No. 2-M/s. U.P. Rajya Khad Evam Avashyak Vastu Nigam was established for supply of essential commodities and goods for mass consumption to the general public and for the purposes of distribution of the essential com­modities. To achieve this object, member of Janta Stores were established by the opposite party No. 2 all over the State of Uttar Pradesh and the petitioner was appointed as a sales­man in one of the Janta Stores at Lucknow on 15-10-1975. By an order dated 19-7-1979, copy whereof has been filed as Annexure No. 1 to the writ petition, the services of the peti­tioner were terminated by the opposite party No. 2 mentioning therein that the petitioner's services were purely of temporarily nature and they were dispensed with immediate effect as his services were no longer required.
(3.) IT is not in dispute that the opposite party No. 2 is an Industrial Establishment and the status of the petitioner is that of a workman and hence, the service conditions of the peti­tioner are governed by model standing orders as well as the provisions of the U.P. Indus­trial Disputes, Act, hereinafter referred to as 'the Act".;