R.B.MISRA, J. - (1.) Heard Ms. Rohma Hameed holding brief of Sri Yashwant Verma learned counsel for the petitioner and Sri M.R. Gupta learned counsel for the respondent No. 2 Sri Ajai Kumar Dwivedi. In this petition order dated October 25, 1997 passed by Central Government Industrial Tribunal, Kanpur in Industrial Dispute Case No. 4 of 1991 has been challenged.
(2.) With the consent of the parties, this writ petition is being disposed of at this stage in view of second proviso to Rule 2 of Chapter XXII of the Allahabad High Court Rules, 1952.
(3.) According to the learned counsel for the petitioner, respondent No. 2 was deployed absolutely on casual basis for a limited period as a messenger from July 30, 1987 to March 9, 1988 by an order dated July 31, 1987 with the condition that such deployment was absolutely on temporary basis and could be ceased after the period of February 13, 1988. Such deployment was made on contractual basis for a limited period in the exigency of work and after coming to an end of the limited period the deployment on contractual basis in terms and conditions of appointment was not renewed. The petitioner had however got the Industrial Disputes Act, 1947 (in short called 'Act' hereinafter) adjudicated before the Tribunal where the dispute of following effect was referred: "Whether the action of the management of State Bank of India in terminating the services of ex-messenger Ajai Kumar Dwivedi w.e.f. March 10, 1988 is justified? If not, to what relief is the workman entitled?";