MADAN B. LOKUR, J.

( 1 ) THE Petitioner is aggrieved by an Award dated 20th December 1977 passed by the Additional Labour Court in ID No. 150 of 1977 wherein it was held that the Petitioner is not a "workman". Consequently, it was held that there was no industrial dispute between the Petitioner and the Respondent-Management.

( 2 ) DURING the pendency of the writ petition, the Petitioner reached the age of superannuation and, therefore, even if the Award is set aside, in view of the long lapse of time, it would be an unnecessary burden on both parties to remand the controversy for a decision on merits, that is on the question whether the Petitioner s services were validly terminated or not. Since reinstatement of the Petitioner in service with the Respondent-Management cannot be ordered, at best, the only question that can arise, even if the Petitioner succeeds in the Labour Court on remand, is about the quantum of compensation or back wages that may be due to him. It is on this basis that I heard learned counsel for the parties, and proceed to decide this writ petition.

( 3 ) THE issue referred for adjudication to the learned Additional Labour Court was as follows: --

"whether dismi

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