( 1 ) THIS writ petition has been filed by the petitioner M/s. Gangeshwar Limited, Deoband, saharanpur challenging the award dated 16. 1. 1997 passed in Adjudication case No. 30/96.

( 2 ) A dispute was referred by the Government to the Labour Court vide notification dated 29. 3. 96 as to whether the removal/stopping of the workman Sri Om Prakash son of Sri Asharam on 1. 11. 1995 from work, was justified; if so, to what relief the workman was entitled to.

( 3 ) THE case of the workman before the Tribunal was that the workman Om Prakash worked in the crushing season 1992-93, 1993-94 and 1994-95 as Weighment Clerk. His work was satisfactoiy but when the crushing season 1995- 96 started from 1. 1. 1995 he was stopped from work which amounted to retrenchment though he was entitled to be allowed to continue in the crushing season 1995-96 as he was seasonal workman.

( 4 ) THE case of the petitioner before the Tribunal was that the respondent No. 3 was a temporary workman. He was a temporary workman as classified under the standing orders.

( 5 ) AFTER considering the statements filed by the parties and the statement of the witnesses examined by the parties the Tribunal held