( 1 ) THIS is a reference made by learned single judge vide order dated August 24, 1995 hearing the Writ Petition No. 16337 of 1987 and the following two questions have been referred for our opinion: (1) Whether in the peculiar facts and circumstances of this case, the State of U. P. will be the appropriate Government for making the reference in question on which the impugned award has been passed? and (2) Whether in the peculiar facts and circumstances of this case, the respondent no. 2 was correctly held to be a workman as defined under the Industrial Disputes act, 1947?

( 2 ) FACTS and circumstances giving rise to this case are that the respondent-employee, Shri r. K. Sharma was appointed by the petitioner-company as a Medical representative vide order dated October 17, 1973 (Annexure-3) and given the area of allahabad for his operation. His services stood terminated vide order dated March 8, 1985 (Annexure-7) with effect from March 20, 1985. The Government of Uttar Pradesh, vide order dated April 23, 1986 (Annexure-2), made a reference to the Labour Court under section 4-K of the U. P. Industrial Disputes act, 1947 (hereinafter called the "u. P. Act")as to whet