TARKESHWAR NATH RAI Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) Heard Mr V.C. Verma, learned counsel for the petitioner as well as Mr Satyanshu Ojha, learned counsel for respondent no. 2.

(2.) Through the instant writ petition the petitioner has assailed the award dated 19.7.1990, passed by the Labour Court, Lucknow in Adjudication Case No. 97/ 1986 and 107/1986. By means of these two awards the Labour Court has adjudicated the reference on retrenchment of services of two Apprentices , namely, Tarkeshwar Nath Rai (Petitioner )and Pramod Kumar Pandey.

(3.) By means of award impugned the Labour Court has held that there was no relationship of employer and employee between the petitioner and the U.P. State Food & Essential Commodities Corporation Ltd., opposite party no. 2, therefore, it refused to acknowledge the reference under the U.P. Industrial Disputes Act, 1947. The Labour Court further held that from the terms of their appointment it is obvious that they were engaged for apprenticeship for one year and after the period of one year was over, the training period had come to an end. They have also been issued training certificate, therefore, their stoppage of training further has been found valid. The Labour Court further held that since they were not allowed to work as workmen, no question arises for their retrenchment from service.