- (1.) Special leave granted.
(2.) On 16th April, 1982 the third respondent was appointed as a Fitter on probation up to 30th September, 1982. He was appointed on 1st January, 1983, as a Fitter on temporary basis for a period of two years, up to 31st December, 1984. This appointment order stated: "This is purely a temporary appointment for a period of two years up to 31-12-1984. During or at the expiry of this period if your work or conduct is not found satisfactory or your services are no longer required by the Company these would be terminated as per Clause No. 8 above." The third respondent put his signature to the appointment order accepting the employment on the terms and conditions therein stated.
(3.) On 14th December, 1984 the appellant wrote to the third respondent warning him of action for misconduct because he had been assembling and addressing workers inside the factory premises for trade union or political purposes. On 21st December, 1984 the third respondent wrote to the appellant saying that he had been educating the workers on Hindu Sikh unity during the lunch break and this did not amount to interference with the working of the factory. He also stated that he was a trade union leader and office-bearer. On 28th December, 1984 the appellant wrote to the third respondent recording that he had been appointed on temporary basis for a period of two years ending 31st December, 1984. The letter stated. "The above temporary appointment ends on 31-12-1984 by efflux of time automatically and, therefore, you cease to be in service of factory thereafter. Although your ceasing to be in service does not constitute any action on our part, yet as abundant caution, the following dues are remitted to you by bank draft No. 284426, dated 28-12-1984 in full and final settlement of your account." ;