( 1 ) THIS writ petition is filed against award dated 29. 2. 1996 passed by Industrial Tribunal No. III in ID No. 45/91. Industrial dispute was referred to the Tribunal with the following terms of reference:-

"whether Sh. Birpal as entitled to be regularised as Mason from the date of his initial appointment in proper pay scale and if so, to what relief is he entitled and what directions are necessary in this respect?"

( 2 ) THE case of the respondent workman before the Tribunal was that since the workman was performing the duties of Mason from the date of his initial appointment, he was entitled to be regularised as Mason and he was also entitled to get the pay of Mason since he was working as such. It was an admitted case of the parties that workman was not employed on permanent basis but was employed on daily rated basis. After discussion the evidence on record as well as various pronouncements of Supreme Court and this Court, the relief of regularisation to the respondent workman was denied by observing as under:-

"in the light of the above discussions, I find that the contention of the workman that he would be treated to have been regularly appointed either from th