S.U.KHAN, J. - (1.) LIST revised.
(2.) NO one appears for the respondent Nos. 2 to 5, the workmen. Heard learned Counsel for the petitioner.
(3.) THIS writ petition is directed against award dated 7.5.1990 given by Presiding Officer, Labour Court, U.P. Varanasi in adjudication case No. 211 of 1988. The matter which was referred to the Labour Court was as to whether petitioner employer should regularise its workmen/respondent Nos. 2 to 5 Ram Kailash Verma and others on the post of Fitter, Mechanic-cum-fitter and Junior Electrician. The case of the workmen was that they were appointed on 1.2.1979 and 22.2.1979 on the posts on which they were seeking regularisation however by order dated 24.2.1984 they were regularised on the post of helper which was accepted by them under protest. The employer petitioner contended that the workmen did not possess necessary qualification for the posts on which they were claiming regularisation. In the impugned award Labour Court held that even though all the four workmen were appointed on daily wager post, however, since their appointment they were discharging the duties of the posts on which they claimed regularisation. The petitioner employer also contended that no post of Junior Electrician, Fitter or Mechanic-cum-fitter was vacant. The Labour Court directed that the workmen should be regularised on the posts on which they claimed regularisation w.e.f. the date of reference i.e. 16.5.1988.;