Heard. This appeal arises from the judgment dated June 12, 2006 passed in Writ Petition No. 678/2005. The grievance of the appellant is that though the petrol pump industry formed part of the constitution, it was wrongly held by the Labour Court as well as by the Industrial Court and the Learned single Judge that the appellant-union has no authority to file complaint under the MRTU and PULP Act, 1971 on the date on which it was filed, 10 and therefore, it was not maintainable. It is also the grievance of the appellant that the claim for permanency was also not duly considered by the Labour Court and the Industrial Court and the said aspect was overlooked by the Learned 5 single Judge while disposing the writ petition.

2. It is undisputed fact that on the date of filing of the complaint under the said Act, the petrol pump was not included in Schedule-A to LO the constitution of the appellant and that there is concurrent finding in that regard by the Labour Court and the Industrial Court as well as the Learned single Judge after taking into consideration all the materials on record. It is also undisputed fact that the petrol pump industry was sought to be included as forming