STATE OF U.P. Vs. MOHD. RAIS

JUDGEMENT

(1.) Heard learned State Counsel appearing on behalf of petitioner and Sri Rakesh Kumar Tewari, learned counsel appearing on behalf of opposite party no.1. Opposite party no.2 being the Court concerned, is only a formal party and thus unrepresented.

(2.) Petition has been filed against award dated 20.11.1995 in Reference Case No.191/1990 regarding validity of termination order of opposite party no.1 dispensing with his services.

(3.) As per averments made in the petition, the aforesaid reference had been made in terms of provisions of U.P Industrial Disputes Act, 1947 owing to claim of opposite party no.1 that his services were dispensed with without complying provisions of Section 6-N, 6-P and 6-Q of the aforesaid Act of 1947. In reference so made, petitioner which is the Irrigation Department of State of U.P. was arrayed as respondent/employer. In the written statement filed by petitioner/employer, challenge was raised to the reference on the ground that petitioner/employer is a Government Department and would not be covered under the term 'Industry' as explained in Section 2(k) of the Act of 1947. It was also stated in the written statement that the claimant would not be 'workman' as explained under Section 2(z) since he had not been in continuous service for a period of 240 days in a calendar year as defined under Section 2(g) of the said Act.