MAHESH PRASAD YADAV Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the appellants.

(2.) THIS special appeal arises out of the judgment of learned Single Judge rendered in a writ petition where the petitioners -appellants had assailed the order passed by the Deputy Labour Commissioner in conciliation proceeding under the U.P. Industrial Disputes Act, 1947 whereby the Deputy Labour Commissioner refused conciliation. The writ petition has given rise to the present controversy challenging the order of Deputy Labour Commissioner. The petition was dismissed on 7.9.2005 recording findings that the petitioners -appellants were the employees of the contractor and not of the company.

(3.) IN view of the law laid down in the case of Vajara Yojna Seed Farm, Kalyanpur (M/S.) and others v. Presiding Officer, Labour Court II, U.P., Kanpur and another, 2003 1 UPLBEC 496 and the decision of the Full Bench in the case of Sheet Gupta v. State of U.P. and others, 2010 AIR(All) 46 (FB), the special appeal would not be maintainable under Chapter VIII Rule 5 of the Allahabad High Court Rules. It will be useful to extract para 15 of the Full Bench Decision for an appreciation of conclusion drawn hereinabove as follows: -