Sanjeev Prakash Sharma, J. - (1.) The petitioner raised a dispute under the Industrial Disputes Act 1947 challenging his termination dated 04.12.1986 on account of the fact that he had worked for more than 277 days from 02.12.1985 to 03.12.1986 but his services were dispensed with without complying with the provisions of the Industrial Disputes Act, 1947 (hereinafter referred to as the 'Act of 1947').
(2.) The matter was referred to the labour Court and the labour Court passed an award on 7.8.2003 holding that the petitioner had completed more than 240 days but as the provisions of the Act of 1947 did not apply on District Rural Development Authority (for short 'DRDA') it did not come within the ambit of definition of 'industry', the claim was, therefore, rejected.
(3.) The view taken was in terms of the judgment passed by the Supreme Court in the case of State of Uttar Pradesh & Ors. Vs. Arun Kumar, 1995 Supp4 SCC 241. The petitioner filed a writ petition No.3093/2004 challenging the award and also challenged his termination with the prayer to reinstate him. The said writ petition was dismissed on 20.2.2008 relying on the law laid down by the Supreme Court . The award passed by the labour Court was upheld. The petitioner preferred DB special appeal No.1133/2008 which was decided on 11.8.2008 and after hearing both the parties it was observed that the submission relating to DRDA having merged into Zila Parishad was not examined and permission was granted to the petitioner to file review petition.;