STATE OF PUNJAB Vs. ANIL KUMAR

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the order passed by a Division Bench of the Punjab and Haryana High Court summarily dismissing the writ petition filed by the appellant.

(3.) Background facts in a nutshell are as follows: The respondent was engaged in the Punjab Roadways, Jalandhar Depot on daily-wage basis with effect from 6.2.1981. He was engaged on such basis in the Jalandhar Depot No. 2 from 15.9.1981 to 27.12.1981. Again, he was engaged on daily-wage basis in Punjab Roadways, Moga from 16.2.1983 to 30.9.1985. Such engagements were for specific periods. As there was no work for the respondent in Punjab Roadways, Moga, he was not engaged after 30.9.1985. Respondent filed civil suit in the Civil Court at Jalandhar claiming that he was in continuous service. The learned Civil Court decreed the suit holding that the respondent was deemed to be an employee of appellant and he is entitled to back wages from the date of institution of the suit.