Sunil Ambwani, J. - (1.) Heard learned counsel for the appellant and learned counsel for the respondent.
(2.) The Substantial question of law that arise for consideration in Second Appeal and framed at the time of admission is whether a casual labourer who had acquired temporary status under Rule 2501 (b) of the Indian Railway Establishment Manual is debarred from the rights and privileges admissible to a temporary employee.
(3.) The facts giving rise to this Second Appeal are, that the plaintiff after having passed the written test for appointment as a 'Skilled Mechanic' was appointed, on 15.10.1975, on daily rated wages at Rs. 8/- and was posted at Bindki Railway Station Fatehpur under the Telecommunication Inspector, Northern Railway, Kanpur. It was alleged in the plaint that he worked upto 27.4.1976 for 188 days and was thereafter reappointed on the same post w.e.f. 4.5.1976 on daily rated wages. On completing six months service, he was paid Rs. 13.30 per day w.e.f 4.11.1976. He was not provided with any railway quarters. He was trade tested in May 1978 for the post of WM/TCM/Skilled Mechanic by oral, written and practical examinations on 27.8.1977. While performing the duties at Bindki Railway Station, he fell ill suffering from diarrhoea and became physically incapable of performance of duties. He had to leave at about 04.00 PM for easing himself and requested his colleagues Shri Maharaj Singh to perform his duties. He left at 08.00 PM after handing over the charge to Shri Maharaj Singh.;