2004 INSC 0035
                                    SUPREME COURT OF INDIA

                                Messrs U.P. Avas Evam Vikas Parishad

                                                      Vs.

                                                  R.K. Tyagi

                                           C.A.No.2690 of 2003

                                  (Mrs. Ruma Pal and S. B. Sinha JJ.)

                                                 07.01.2004

                                                   ORDER

1. Leave granted.

2. The Labour Court had rejected the reference raised, at the instance of the respondent, by
holding, after an appreciation of the evidence on record, that the respondent was not a
"workman" within the meaning of Sec. 2(Z)(iv) of the U.P. Industrial Disputes Act. The
respondent's writ petition was however allowed by the High Court without any discussion of
the evidence whatsoever or without reaching a decision that the conclusion of the Labour
Court could not rationally follow from the evidence on record. The impugned decision of the
High Court is, accordingly, set aside and the matter is remanded back to the High Court for
decision afresh. It will be open also to the appellant to raise the question as to whether the
writ petition should at all have been entertained under Article 226 of the Constitution.

The appeal is allowed,

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