( 1 ) HEARD learned Counsel for the petitioners and Sri G. P. Singh who has put in appearance on behalf of Respondent No. 1.

( 2 ) THIS employers writ petition, is directed against the award of the Labour Court, Gorakhpur dated 28th January, 1999 in Adjudication Case No. 21 of 1989. The following dispute was referred to the Labour Court.

"kya SEWAYOJAKON DWARA APNE SHRAMIK BINDESHWARI NATH PANDEY, thooth LIPIK, PUTRA SHRI RAM SUMER PANDEY KI SEWAYEN DINANK 1. 10. 82 SE samapt KIYA JANA UCHIT TATHA/athawa VAIDHANIK HAI? YADI NAHIN. TO sambandhtit SHRAMIK KYA HITLABH/ ANUTOSH PANE KA ANDHIKARI HAI evam ANYA KIS VIVRAN SAHIT?

( 3 ) THE Labour Court, on receipt of reference issued notice to the petitioner as well as workman concerned. The parties have exchanged their pleadings and adduced their evidence.

( 4 ) IN short the case set up by the petitioner-employer is that Respondent No. 1 was appointed as daily wager on the basis of availability of work and particularly worked in the Session 1982-83 and his services were not terminated but because there was no work of daily wager, his engagement came to an end.

( 5 ) THE workman concerned has set up a case that he has been