JUDGEMENT
S.B.SINHA, J. -
(1.)LEAVE granted.D
(2.)RESPONDENT has its own Engineering and Field Service department which undertakes jobs of industrial project installation, erection, commissioning of electrical/ electronic equipments which are supplied by it or the same are directly brought by its clients at various projects/ sites as per their requirements.
The services of respondent are utilized for the aforesaid work as a contractor which is a project/ site work required to be completed within the stipulated period, time and quality being the essence of the contract entered into by and between the parties.
Respondent used to engage temporary personnel in the category of skilled, semiskilled and unskilled workers. Appellant had been appointed by respondent on temporary basis for duration of the project/ site work and on completion thereof his services used to be terminated.
(3.)INDISPUTABLY, appellant used to be employed almost on a regular basis since 1978. His services were availed by respondent not only for its various projects in India but also in Iraq.
Procedure followed for availing the services of appellant by respondent had been that whenever such contract was obtained and project work started at the instance of the Head Office, a telegram used to be sent to him for availing his services whereupon he was asked to join the site office. Appointment letters used to be issued by the said office were in a prescribed proforma, the relevant portion from a sample copy whereof reads as under:
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