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8. The said award was challenged by the respondent-Corporation before the High Court questioning the correctness of the findings of fact inter alia, contending the finding recorded by the Labour Court in its Award that the appellant-workman was a permanent employee of the Respondent-Corporation without there being any evidence on record and therefore, the same is erroneous in law. Reliance was placed on the decision of this Court in the case of Secretary, State of Karnataka & Ors. v. Uma Devi & Ors.[1] in the matter of appointment of the appellant-workman as he was appointed on temporary/contractual basis.

13. Further, it is contended that the High Court has failed to consider the “Unfair Labour Practice” as defined under Section 2(ra) of the I.D. Act, 1947 read with Sections 25T and 25U and V Schedule of the I.D. Act. Para 10 of the V Schedule of the I.D. Act prohibits the employer to employ workmen as badlis, casuals or temporaries and to continue them as such for years in the Corporation, with the object of depriving them of the status and privileges of permanent workmen is prohibited. It is further contended that the respondent-Corporation is liable for penal action under the provisions of Section 25U of the I.D. Act. In support of the above contention, reliance was placed on 3 Judge Bench decision of this Court in the case of Chief Conservator of Forests and Anr. v. Jagannath Maruti Kondhare & Ors[3].

17. In the absence of the documentary evidence to justify the plea taken by the Respondent-Corporation that the appellant-workman was a contract employee in the order of termination it remained as a plea and not a proven fact of assertion. Therefore, the appellant-workman is considered to be permanent workman. Further, the appellant-workman has clearly stated in his affidavit before the High Court that at the time of termination his juniors were working on permanent basis. Therefore, the same is another added fact to accept the contention of the appellant-workman by the Labour Court that he was appointed as a permanent workman in the respondent-Corporation as a driver.

27. Under Section 2(z) of the U.P.I.D. Act, “workman” whether daily wage, casual and temporary workman or permanent workmen, all are workmen for the purpose of the U.P.I.D. Act. There is no classification of workmen such as permanent, temporary or casual under the U.P.I.D. Act. The classification of workmen either in the Recruitment Rules & Regulations or under the Model Standing Orders framed by the State Government under the Industrial Employment (Standing Orders) Act, 1946, are applicable to the Respondent- Corporation in the absence of service regulations framed by the respondent- Corporation.