In captioned two petitions award dated 22.1.1992 passed by learned Industrial Tribunal in Reference (IT) No. 684 of 1989 is placed under challenge. The learned Tribunal, vide impugned award, dismissed the Reference (IT) No. 684 of 1989 on the principal ground that the claimants cannot be termed employees of the opponent Aabad Dairy (hereinafter referred to as the “Dairy” which term, for sake of brevity and convenience, shall include Municipal Corporation and G.D.D.C.) and that consequently Tribunal would not have jurisdiction to adjudicate the demand and to decide the reference.

1.1 Before proceeding further it is necessary to note, at the outset, that the dairy and its industrial establishment as well as its activities are closed since many years. Actually, the assets of the opponent dairy have been disposed of pursuant to the orders passed by Board of Industrial and Finance Reconstruction (“BIFR” for short) and the creditors have been paid their dues out of sale proceeds of the assets. Thus, neither any activity is being undertaken nor the establishment itself is i