( 1 ) BY means of the present writ petition under Article 226 of the Constitution of India, employer-petitioners have challenged the award passed by the Labour Court (V), U. P. , Meerut dated 20. 4. 1991. Annexure-1 to the writ petition.

( 2 ) THE facts leading to the filing of present writ petition are that the State Government vide its order dated 25. 5. 1990 referred the following dispute to the Industrial Tribunal (V) U. P. , Meerut. which reads thus :

"whether the termination of services of workman Sri Brijendra Singh son of Sri Kale Singh, by the employer w. e. f. 18. 2. 1989, was legal and valid? If not what relief the concerned workman is entitled and from which date etc. ?"

( 3 ) THE labour court after exchange of the pleadings, written statements and evidences framed the following two additional issues :

" (1) Whether the workman is covered with the definition of workman under U. P. Industrial disputes Act. 1947, if so then its effect? ; and (2) Whether the employer is covered with the definition of industry, if so then its effect?"

( 4 ) THE labour court after going through the materials available on record has recorded findings on both the additional issues