D. M. Dharmadhikari, J. -- 1. This petition as directed against the order passed by the Member Judge, Industrial Court, Indore, whereby the Industrial Court refused to upheld the order passed by the Labour Court on the ground that the M.P. Public Health Engineering Department is not an industry covered by Item 16 of the Schedule to the M.P. Industrial Relations Act, 1960.

2. The facts leading to this case are as under :-- The petitioner was employed in Shahpur Water Project. By order 31.5.1980, his services were terminated because of remaining absent between 25.5.80 to 30.5.80. The petitioner challenged the said order before the Labour Court under section 31 read with section 61 of the M.P. Industrial Relations Act, 1960. The Labour Court recorded the evidence and gave an award in his favour, holding that the provisions of M.P. Industrial Relations Act, 1960 apply to the establishment of the Public Health Engineering Department of the State Govt. It was also held that the termination of the petitioner was not according to law. Termination of the petitioner amounted to illegal retrenchment and according to the standing orders, the petitioner was entitled to be taken back in serv