( 1 ). Special leave granted.

( 2 ) THE first respondent filed a claim statement before the Industrial tribunal-cum-Labour court, Gurgaon, which was in the form of the demand notice that he had issued to the appellant. It stated thus:

"that the applicant was appointed as Octroi Moharrir w. e. f. 1/7/198080 in the pay scale of Rs 400-600 and had been performing his duties as Moharrir honestly and diligently but the respondents from 1/6/1985 had unlawfully detained him from duty on the plea either to work as octroi Peon otherwise the respondents would not allow him on duty. The applicant refused to perform duty as Octroi Peon, as the application was for being appointed as Moharrir, A complaint has been lodged with the labour Inspector but to no result. The action of the respondents in not 636 allowing the applicant on service tantamounts to an illegal dismissal, removal, discharge from service. It is therefore prayed that the applicant be reinstated on duty as Octroi Moharrir with continuity of service and a back wages. "alongside his signature upon the aforesaid, the first respondent stated: "the demand notice may be treated as claim statement. "

( 3 ) IT is necessary immediately to a