The award dated 28-11-1987 passed in Adjudication case No 172 of 1986 by the Labour Court Gorakbpur is under challenge in Represent writ petition. Mr. B. D. Mandhyan, learned counsel for the petitioner contends that the Labour Court had come to a perverse finding on the basis of the material on record to the effect that the workman was performing the duty of pump Supervisor.

2. He contended that the Labour Court had no jurisdiction to direct reinstatement of the workman in the post of pump Supervisor in the absence of any post of pump supervisor. According to him the Labour Court does not have jurisdiction to direct the Government to create post. He relies on several judgments with regard to his contention which will be dealt with at a later stage in appropriate manner.

3 The leaned counsel for the respondent on the other hand con tends that the finding that the workman was performing the job of pump Supervisor is a finding of fact with which writ court ordinarily is very slow interfering. Therefore, this court should not interfere with the said finding of fact. According to him Labour Court is empowered to direct creation of post while adjudicating an industrial di