judgment

S.B. Sinha, J. —

1.Leave granted.

2.Respondent is a research institute. It imparts training to farmers for facilitating improved agricultural production. For imparting training, fees is not charged from the trainees. The trainees are also provided free lodge and boarding. Respondent carries out its function under a deed of trust. It is a subsidiary to Indian Farmers Fertilizers Corporation. Its object is charitable. However, it is stated that the respondent institute also undertaking Poultry Farming, Pisciculture, Cow-Shelter, Dairy Farming, Plantation, Bee-keeping work etc. These jobs are undertaken by way of various projects. Daily wagers are appointed for the said purposes. The employment of daily wagers is a needbased one.

3.Appellants herein and in particular, some of them, claimed to have been working with the respondent institute for a long time. Their services were not being taken from 28.12.1996. They raised an industrial dispute. The State of U.P. in exercise of its power under the U.P. Industrial Disputes Act, 1947 referred the dispute for adjudication before the Presiding Officer, Labour Court, U.P. Allahabad.

4.Before the learned Labour Court, both parties adduce