1. Heard both sides.

2. The petitioner is a workman. He has come forward to challenge the award dated 28.09.1998 passed by the third respondent-Labour Court in I.D.No.377/95.

3. The writ petition was admitted on 29.11.2000. The facts leading to the case are as follows:

(a) The petitioner was employed as a Sound Operator in the Radio Wing operated by the Assistant Executive Engineer, Radio Sub-Division. The petitioner was engaged from time to time and when he was finally denied employment, he raised a dispute before the Government Labour Officer against the alleged non-employment during the year 1993.

(b) The said dispute was conciliated upon by the Labour Officer and a failure report was given to him on 08.05.1995. On the strength of the failure report, the petitioner filed his claim statement before the Labour Court.

(c) The Labour Court took up the dispute on the file as I.D.No.377/95 and ordered notice to the contesting respondents.

(d) The contesting respondents filed a counter statement dated 10.04.1995. In the counter statement, they have taken the stand that the persons like the petitioner were engaged on 90 days employment and there was no continuous service