C. K. Thakker, J. - (1.) Leave granted.
(2.) This appeal is directed against the judgment and order dated July 8, 2003 passed by the High Court of Judicature at Allahabad in Civil Miscellaneous Writ Petition No. 4084 of 1985. The facts necessary for determining the controversy in the appeal may now be stated : The appellant U. P. State Road Transport Corporation was constituted in 1972 succeeding the erstwhile U. P. Government Roadways. On November 20, 1973, the first respondent herein Sarada Prasad Misra was appointed as Conductor on purely temporary basis. According to the appellant, even thereafter, he was appointed from time to time on temporary basis as and when the appellant was in need of his services. Finally, the first respondent was appointed by order dated September 1, 1975 as Conductor on purely ad hoc basis temporarily for a period of one month from September 1, 1975 to September 30, 1975. It was expressly stated in the order of appointment that his services will be terminated at any time without prior notice. Since the services of the first respondent were no more needed, in accordance with the terms and conditions of the order of the appointment, the services of the first respondent were terminated by an order dated 6th September, 1975. It was stated in the order of termination that he would be entitled to one months salary in lieu of notice. It is the case of the appellant that the first respondent accepted the order of termination along with salary of one month in lieu of notice without protest.
(3.) It appears that thereafter, the first respondent preferred a departmental appeal against the order of termination issued by the Corporation, but the appeal was dismissed. After about seven years from the date of termination, the first respondent filed an application under Section 2-A of the U. P. Industrial Disputes Act, 1947 (hereinafter referred to as the Act) before the Conciliation Officer, Allahabad making grievance against the action of termination of his services by the appellant-Corporation.;