REGIONAL STATE BANK OF INDIA Vs. RAJA RAM

JUDGEMENT

(1.) Leave granted.

(2.) Admittedly, the respondent had been employed by the appellant as a messenger for a period of 91 days from 15-3-1980 to 30-6-1980. Prior to the appellant being appointed for this short stint the appellant had in a similar manner appointed one Sooraj for a short period. Subsequent to the expiry of the period for which the appellant was appointed, one Ram Kumar was appointed in the same capacity for a period of 88 days. The question to be resolved in this appeal is whether the respondent could, in these circumstances, be reinstated as a temporary employee with the appellant; and, if so, whether the respondent could claim and be allowed back wages until he was so reinstated.

(3.) The issue was brought before the Labour Court at Kanpur when the government of India referred the following question for adjudication by it: