JUDGMENT

Y.K. Sabharwal, J.-The appellant directed the respondents and few other workmen to cease work w.e.f. 31st March, 1987. According to the appellant, they were casual workers and had worked for a short time and since there was no work, they were asked to cease work and their services were, thus, terminated. The workmen approached the State Government of Uttar Pradesh against their termination and pursuant thereto, the State Government, in exercise of power under Section 4(k) of Uttar Pradesh Industrial Disputes Act, 1947 (for short, the UP Act ) referred the matter to the labour court of Lucknow to decide the dispute. It was not disputed before the labour court that none of the workmen had worked for 240 days in the year preceding the date of termination. In this view, the labour court, in the award dated 31st May, 1991, concluded that the workmen/respondents were not entitled to protection of Section 6N of the UP Act. According to labour court, the workmen ought to have completed 240 days in a calendar year preceding the date of termination/retrenchment so as to claim benefit of Section 6N of the U.P. Act. Considering the evidence, the labour court also held that all the 29