A. K. SIKRI, J. (ORAL)

( 1 ) THE petitioner has filed this writ petition against the Award dated 2. 4. 1996 passed by Labour Court-VII in 1. D. No. 611/88. Vide order dated 12. 9. 88 dispute was referred to Labour Court for adjudication with the following terms of reference:

"whether the termination of services of S/shri R. Mugum, Mariappan, Raman, Ganesh, Kupati, Neru, Abhimanyu, R. Raju, Mani, Raju Mani and Sampath is illegal and/or unjustified and if so to what relief are they entitled and what directions are necessary in this respect?

( 2 ) AFTER the pleadings the Labour Court framed the following issues:

"1. Whether the petitioners are not workmen?

2. As per terms of reference.

( 3 ) ISSUE No. 1 was decided in favour of workmen holding that they were "workmen" defined in Section-2 (s) of the Industrial Disputes Act as they had been working as Mali/casual Worker on muster roll. On merits, the Labour Court returned the finding of fact slating that the Petitioner-Management had terminated the services of S/shri R. Mugum, Mariappan, Bhupati, Abhimanyu, R. Raju son of Ramaswamy, Mani of son of Muthuswamy, Mani son of Marimuthu illegally and it amounted to retrenchment within the meaning

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