- (1.) The appellant had appointed Respondent 2 as a doctor in the General Duty Medical Officer Grade-11 on 17/5/1978. The appointment was on ad hoc basis for a period of six months with effect from 18/5/1978.
(2.) Along with Respondent 2 three other doctors were similarly appointed. All the four doctors were posted at the First-Aid Posts which are being maintained by the appellant-corporation for providing emergency medical services in case of accidents etc, during all the shifts. This ad hoc appointment to the temporary post was first extended for a period of three months by order dated 30-1 1-1978. Second extension was granted for a period of two months by order dated 7/3/1979.
(3.) The aforesaid temporary appointment of Respondent 2, along with three other doctors who were appointed with him, thus continued for a period of eleven months. By office order dated 17/4/1979 these doctors were informed that on the completion of their term of appointment on ad hoc basis they would be relieved of their duties with effect from the afternoon of 18/5/1978. Respondent 2 made a representation dated 20/4/1979 on the receipt of the aforesaid order dated 17/4/1979. It was contended therein that he had worked for a period of more than 240 days and that his services were terminated without assigning any reason. It appears from the record that in order to fill the said vacancies on regular basis advertisements were issued and interviews were held first in the year 1979 and thereafter in the year 1981. Respondent 2 had applied but was not found suitable for selection. It is thereafter that Respondent 2 raised an industrial dispute regarding the alleged illegal termination of his services by order dated 17/4/1979. Conciliation proceedings took place but it resulted in failure report being made by the Conciliation Officer. Thereupon the government of Bihar made a reference to the Labour court, under Section 10 (1 (c) of the Industrial Disputes Act, 1947 (for short 'the Act') , for deciding the following dispute: "whether the termination of services of Dr Chandrahas Prasad by the management from 17/4/1979 is justified If not, whether he is entitled to reinstatement/or any other relief -;