judgment

S.B. SINHA, J. —

1. Leave granted.

2. This appeal is directed against the judgment and order dated 7.03.2006 passed by a learned Single Judge of the Allahabad High Court dismissing the writ petition filed by the appellant from an award dated 30.05.1998 passed by the Presiding Officer, Industrial Tribunal (3) U.P. Kanpur.

3.Appellant is a University created under the Uttar Pradesh (Krishi Evam Prodyogik Vishwavidyalaya Adhiniyam) Act, 1958 (for short ‘the Act’). The service conditions of the employees of the University are governed thereby as also by the statute framed thereunder. Its basic object was to undertake various training and projects for the betterment of agriculture. For the said purpose, it employs persons from time to time; sometimes project-wise.

4. Admittedly, Respondent No. 2 herein was appointed on daily-wages by the University on 1.07.1980. He was being paid wages on a daily basis. He worked as a Laboratory Assistant cum Attendant which is a Class IV post. The job of Assistant Clerk, however, was being taken from him on and from 1.11.1991. His remuneration was being paid at the rate of Rs. 40/- per day.

5. Respondent No. 1 which is a trade union, raised an ind