By this petition under Article 226 of the Constitution of India, the petitioner State of U. P. challen ges an award made by the Presiding Of ficer, Labour Court, Haldwani and pub lished on 20-10-1992. The respondent No. 2 Deep Chandra was engaged as super visor on daily wages by that Executive En gineer, Irrigation Division, Haldwani. He worked on that basis during the years 1982 to 1988 for several periods. He was, how ever, not engaged from 1-9-1989. He raised an industrial dispute and the matter was referred to the Labour Court which has held that the termination of the ser vices of respondent No. 2 is unjustified and illegal and he was entitled to reinstate ment. The Labour Court, therefore, or dered that the respondent No. 2 be reinstated with full back wages. This award is challenged is this writ petition. The con tention is that the respondent No. 2 was employed on a daily wage basis and had no right to continue in employment and that the Irrigation Department was not an in dustry and, therefore, the Labour Court had no jurisdiction. The respondent No. 2 has filed a counter-affidavit and rejoinder affidavit has also been filed.

2. I have heard Sri K. M. Sah