( 1 ) THIS writ petition is directed against the award of the Labour Court. Gorakhpur dated October 5. 1993 in Adjudication Case No. 124 of 1988. Annexure 9 to the Writ petition. At the initial stage when the petition was filed the standing counsel had accepted notice for respondent No. 1 and Sri Shyam Narain had accepted notice for respondent No. 3. Counter affidavit and rejoinder affidavit have been exchanged between the parlies. The Writ petition is being decided finally at the admission stage with the consent of the parties.

( 2 ) THE petitioner. U. P. State Electricity Board, filed this Writ petition with the allegations that the respondent No. 3 was appointed on the post of Beldar on April 16, 1974 by the Board at gorakhpur. There is no post of condencer attendant at Gorakhpur nor he was ever appointed as condencer attendant. The respondent No. 3 raised an industrial dispute under Section 4-A of the u. P. Industrial Disputes Act. A reference was made by the state for adjudication to the Labour court, Gorakhpur as under: 1. Whether the employers are liable to make respondent Sri Chandra Shekhar Tewari permanent on the post of condenser attendant if so, from w