JUDGMENT

Surinder Singh Nijjar, J. —

1. This appeal is directed against the judgment and order dated 20.7.04 of the High Court of Judicature at Allahabad in Writ Petition No.18641/03 and order dated 28.4.06 in Civil Miscellaneous Review Application No.172974/04.

2. Briefly stated the relevant facts are that the appellant is carrying on business in marble and other allied products at Kanpur. The respondent was engaged by the appellant as an accountant. He served the employer from 1.3.86 to 11.6.87, when his services were terminated. The respondent raised an industrial dispute, which was referred by the State Government for adjudication before the Labour Court. The employer as well as the employee filed their written statements. Oral evidence was also presented on behalf of the respondent as well as the employer.

3. It was submitted on behalf of the respondent that he was being paid a sum of Rs.1200/- per month as wages. He worked till 10th of June 1987. He was not permitted to work from 11th June 1987 onwards. On behalf of the employer it was stated that respondent was employed only as a part time accountant. Therefore, the reference was not competent.

4. Upon due appreciation of t