JUDGMENT

Shivaraj V. Patil, J.-Civil Appeal No. 4501 of 1998 is directed against the order dated 3-12-1997 made by the High Court of Rajasthan in D.B. Civil Appeal No. 523/97. Briefly stated, the facts, which are necessary and relevant for the disposal of this appeal, are the following.

2. At the instance of the respondent, the State Government referred the dispute under Section 10(1) of the Industrial Disputes Act, 1947 vide Notification No. S. P. I. (i) (884) L.C./83 dated 1.2.84 to decide-

"whether the termination of service of labourer Shri Virendra Kumar by the Manager, CIMCO Limited, Bharatpur, was proper and legal? If not, what relief the labourer was entitled?"

3. The contesting respondent claimed that he was appointed as an apprentice by the appellant from 10.9.79 to 21.9.80. After the expiry of the said period, he was on regular service between 22.9.80 to 21.12.80. As there was lock-out in the factory from 7.10.80 to 8.2.81, he was asked by the appellant not to come for work. After the lock-out was over, the respondent worked as General Clerk in the assembly shop of the appellant from 9.2.81 to 30.6.82. Thereafter he worked in the vacancy of Shri K.G. Venkatesan til