Judgment

S. B. MAJMUDAR, J.

( 1 ) IN this appeal, the appellant Krishi utpadan Mandi Samiti has brought in a challenge the order of reinstatement with back wages as passed by the Industrial Tribunal, lucknow in Adjudication Case No. 13 of 1985 by which an order was passed in favour of respondent 1 workman. The matter was carried in writ petition before the High Court. However, the writ petition came to be dismissed. That is how the appellant Mandi samiti is in appeal before us.

( 2 ) LEARNED senior counsel for the appellant contended that the appellant Mandi samiti is not an "industry" governed by the provisions of the U. P. Industrial Disputes Act, 1947. The High Court has held against the appellant on the ground that such a contention was not canvassed before the Industrial tribunal and also following an earlier decision of another Bench, the High Court dismissed the writ petition. Once the appellant did not raise such a contention before the Industrial tribunal, it was not available to be canvassed higher up.

( 3 ) SO far as the payment of back wages is concerned, it was submitted that Respondent 1 was removed from service on February 21, 1976 and he did not raise an dispute till