DEVENDRA KUMAR ARORA, J. - (1.) Heard Sri. D.K. Pathak, learned Counsel for the petitioner, learned Standing Counsel for opposite parties no.1 and 3 and Ms. Ishita Yadu, learned Counsel for opposite party no.2.
(2.) By means of instant writ petition, the petitioner has questioned the correctness of impugned judgment and order dated 01.08.1996, whereby IXth Additional District Judge has dismissed the Misc. Civil Appeal No. 199 of 1995 filed by the petitioner against the judgment and order dated 29.03.1994 passed by the Deputy Labour Commissioner, Lucknow in Payment of Wages Case No. 284/1990 directing the petitioner to pay Rs. 79,128.40 paise under Section 15(3) of the Payment of Wages Act to the contesting respondent (respondent no.2 Smt. Sunita Tiwari) within fifteen days.
(3.) Learned Counsel for the petitioner has submitted that a scheme was sponsored by the World Bank and the National Cooperative Development Corporation for constructing 4600 Village Godowns for Primary Society in the State of U.P. within a period of four years and for implementation of the said scheme, certain employees were appointed on deputation, temporary and on ad hoc basis till completion of the said project/scheme. The U.P. Co-operative Bank Limited (in short "the Bank") being an Apex Bank of the State of U.P. was required to implement the said Scheme/Project. The contesting respondent was also appointed as Typist-Steno on daily wages clearly mentioning in her appointment letter dated 19.10.1982 issued by the Chief Project Officer of the Project that her appointment is purely temporary in nature and her services can be terminated at any point of time without any prior notice. It was further clarified in her appointment letter that Service Rules of the U.P. Co-operative Bank Ltd. will not apply to her. Vide order dated 25.01.1985, the Chief Project Officer accorded the consolidated salary of Rs. 725/- per month to the contesting respondent.;