( 1 ) RULE. Mr. Mehta waives service of rule. With the consent of the parties, this Civil Application is taken up for final hearing today.

( 2 ) THE present application is preferred to reject Special Civil Application No. 10296 of 2001 filed by the opponent challenging the award of the Labour Court and to direct the opponent to fully comply with the directions of the Labour Court.

( 3 ) HEARD Mr. Pathak, learned advocate for the applicant and Mr. Mehta for the respondent. For the purpose of convenience, the parties shall be referred to as they represent in the main Special Civil Application i. e. the applicant herein as the original respondent and the opponent as the original petitioner in the Special Civil Application.

( 4 ) IT is the case of the original petitioner that the opponent was engaged as daily wager as Extra Departmental Mail Man and work was being assigned to him or his services were taken when the regular employee was not available or there were some exigencies of the work. As per the original petitioner, during the period from 1986 to 1990 when the respondent was engaged, he was engaged for an average period of 11 to 13 days in every month. The engagem