Hon’ble Rakesh Tiwari, J.—Heard learned Counsel for the petitioner, the learned Counsel for the respondents and perused the record.

2. The present writ petition has been filed by the State of U.P. through Executive Engineer, Aligarh Division, Ganga Nahar, Sinchaai Vibhag Colony, Aligarh against the award dated 20.8.2007 which was published on 4.12.2007 on the notice board on 28.11.2007 passed by the Labour Court, U.P. Agra. Respondent No. 2, Sri Raj Kumar filed Claim Petition No. 165 of 2000, Raj Kumar v. Executive Engineer, Aligarh Division, Ganga Nahar, Sinchaai Vibhag Colony, Aligarh. The jurisdiction of Labour Court so far deciding the matter is concerned has been mentioned in the Industrial Disputes Act, 1947.

3. In the objection filed before the Labour Court, apart from the other submissions made on behalf of the department, it was clearly stated that the department is a part of the State Government and the payment is made from the State exchequer and is sovereign function of the State and as such the Labour Court has got no jurisdiction in the matter.

4. On the aforesaid basis the Counsel for the petitioner submits that the award passed by the Labour Court under the pro