Anjani Kumar, J.—Heard Sri J. N. Tiwari, learned counsel appearing on behalf of the petitioner and learned standing counsel representing the respondents No. 1 and 2 as well as Ms. Bharti Sapru, learned counsel for workman/respondent No. 3.

2. The petitioner-employer by means of present writ petition under Article 226 of the Constitution of India has challenged the award of the Labour Court (III), U. P., Kanpur, dated 31st May, 1982, passed in Adjudication Case No. 101 of 1980, copy whereof is appended as Annexure-9 to the writ petition.

3. The following dispute was referred to the Labour Court for adjudication.

“Kya sewajojkon dwara apne shramik Sukhdev (Putra Banke Singh) winder V. S. 8050 Rotating Shift Drawying and Spinning Vibhag ko dinank 23.8.1978 se karya se prithak/vanchit kiya jana uchit tatha/athwa vaidhanik hai? Yadi nahi, to sambandhit shramik kya labh/anutosh (Relief) pane ka adhikari hai tatha kis anya vivran sahit?”

4. The Labour Court after exchange of the pleadings, affidavit and the evidence adduced by the parties have considered the materials on record and arrived at the conclusion that the termination of services of the workman concerned

with effect fro