Grover, J. - (1.) This is an appeal by special leave from an award of the Labour Court, Delhi, on a reference the terms of which are as follows:-"Whether Sarvashri Jagan Nath, Naunit Lal and S. K. Blaggan should be reinstated in service with continuity of past service and with full back wages for the intervening period and what directions are necessary in this respect - In the award, the Labour Court came to the conclusion that although the three workmen concerned were temporary employees, they had been retrenched due to there being surplusage of labour. For that reason, the Labour Court held that as no retrenchment compensation had been given to them, they were entitled to reinstatement, and the reinstatement was, accordingly, directed.
(2.) The letters of appointment clearly show that the concerned workmen were appointed temporarily and it was stated in the letters of appointment that the remuneration would be on daily wage basis. It was further stated that during the period of temporary employment, the workmen would not be entitled to any kind of leave or to any benefits extended to the confirmed employees. The other matter, which is material in the letters related to the termination of services by giving 24 hours' notice in writing.
(3.) The services of these workmen, namely, Naunit Lal, S. K. Blaggan and Jagan Nath, were terminated on August 11, 1968, September 1, 1966 and September 6, 1968, respectively. Although in the statement of claims filed by the workmen, allegations of unfair labour practice and victimisation were made, in the reply, which was filed by the management, it was stated, inter alia that the services of these workmen had been terminated according to the terms and conditions of the letters of appointment as "the company did not have enough work to continue the employment of these two temporary workmen".;