O.P.Garg, J. - (1.) These are three connected writ petitions. In Civil Misc. Writ Petition No. 2109 of 1997, counter and rejoinder-affidavits have been exchanged. The subsequent two Writ Petition Nos. 41787 of 1998 and 1654 of 1999 are the offshoot of the order of award which has been challenged in the first Writ Petition No. 2109 of 1997. The parties would swim or sink in all the :three writ petitions on the findings to be recorded in Civil Misc. Writ Petition No. 2109 of 1997. With the consent of the learned counsel for the parties, all the aforesaid three writ petitions are being finally decided together.
(2.) Heard Sri Tarun Agarwal, learned counsel for the petitioner and Sri V. C. Misra, assisted by Sri S. C. Dwivedl, learned counsel for the workmen-respondent Nos. 6 to 19 in Civil Misc. Writ Petition No. 2109 of 1997, as well as learned standing Counsel.
(3.) The Bharat Heavy Electrlcals Ltd.. Ranipur. Harldwar (for short 'B.H.E.L.') engages the services of Gardeners (Malees) to sweep, clean, maintain and look after the lawns and parks inside the factory premises and the campus of the residential colonies. Respondent Nos. 6 to 19 were engaged for the purpose through the agency of S./Sri Malkhan Singh, K. P. Singh Chauhan and Mahendra Singh respondent Nos. 3, 4 and 5. The engagement of the 14 workmen, who are respondent Nos. 6 to 19, it is alleged, was terminated on 1.12.1998. According to the workmen, their termination was unlawful as they had been employed for more, than 240 days in a year. The legality of the order of termination was also challenged on the ground that the provisions of Section 6N of the U. P. Industrial Disputes Act (hereinafter referred to as 'the Act') had not been complied with.;