( 1 ) BY means of the present writ petition under Article 226 of the Constitution of India, the petitioner-employer has challenged the award of the labour court dated 5. 2. 1996, Annexure-10 to the writ petition, in Adjudication Case No. 80 of 1989. The facts leading to the filing of present writ petition are that the State Government vide its order dated 14th June, 1989 as amended on 4. 9. 1989 referred the following dispute under Section 4k of the U. P. Industrial Disputes Act. 1947, for adjudication before the labour court. . . (VERNACULAR MATTER OMMITED ). .

( 2 ) THE parties have exchanged their written statements and rejoinder-affidavits and adduced their evidence. The labour court after considering the evidence on record and on the basis of the pleadings of the parties arrived at a conclusion that the workman concerned is entitled for the relief claimed for.

( 3 ) LEARNED counsel appearing on behalf of the petitioner-employer has argued that the labour court has not considered the objection regarding the maintainability of the reference before the labour court on the ground that the workman concerned was not covered by the definition of employee as according