M.P. Saxena, J. - (1.) THIS is a defendants' revision application under Section 115, C.P.C. against the judgment and order, dated Oc tober 3, 1974 passed by the learned VI Additional District and Ses sions Judge, Allahabad.
(2.) BRIEFLY stated the facts giving rise to this revision application are that the opposite party was appointed as a conductor in the Roadways Department on February 10, 1973 when there was general strike in that Department. According to the opposite party, an assurance was given to him that all persons who offered their services in the strike period will be absorbed as permanent employees and he too will get a chance to be absorbed. At first he was employed for a fixed term February 20, 1973 to March 31, 1973. Thereafter he ceased to work and was again employed on May 1, 1973 till further orders. All of a suddent his service were terminated on October 12, 1973 without giv ing any notice or offering one month's pay in lieu of the notice. The order of termination was based on merits. The plaintiff opposite party, therefore, filed a suit for declaration that he continues to be in the service of the defendant revisionist No. 1 and his services were illegally terminated. He also moved an application for temporary injunction restraining the defendant revisionist from dispensing with his services. The case of the revisionist was that the plaintiff-opposite party was a purely temporary servant and his services could be terminated without any notice. He was not a civil servant nor any rules were framed regarding the service of such employees. Article 311 of the Constitution of India was not applicable to his case. After going through the entire material on the record the learn ed Munsif granted the interim injunction as prayed.
(3.) THE defendants filed an appeal against the said order which was dismissed by the learned VI Additional District and Sessions Judge, Allahabad mainly on the ground that as temporary employee the defendant (Opposite party) was entitled to one month's notice or one month's pay in lieu thereof.;