judgment

P. Sathasivam, J. —

1.Leave granted.

2.This appeal is directed against the judgment and final order dated 26.07.2006 passed by the High Court of Uttaranchal at Nainital in Writ Petition (M/S) No.820 of 2005 whereby the High Court dismissed the same affirming the award of the Labour Court.

3.Brief facts :

The respondent was engaged by the appellant Horticulture Department as daily wager on 07.09.1987 and thereafter when the work was available he was engaged from time to time. However, he did not work for 240 days in any calendar year. He did not work as daily wager w.e.f. 09.7.1992 of his own. In 2001, the respondent after about nine years, raised an industrial dispute, which was referred to the Labour Court, Dehradun and was registered as Adjudication Case No. 45 of 2001. On 23.07.2001, the Labour Court directed the department to reinstate the respondent and to pay him Rs.5000/- by way of back wages and Rs.1000/- by way of expenses of the case. In pursuance of the aforesaid award, Rs. 6000/- was deposited and the respondent was asked to work as daily wager in Government Fruit Preservation Centre, Pauri under the Department of Horticulture & Food Processing, Pauri by letter date