(1.) HEARD learned Advocate Ms. R. V. Acharya on behalf of the petitioner, learned Advocate Mr. D. G. Shukla appearing for the respondent.
(2.) IN the present petition, petitioner has challenged the award passed by Labour court, Bhavnagar in Reference No. 429/1994 dated 27/02/2006. The Labour Court has allowed the reference, set aside the termination order and granted the reinstatement with continuity of service with full back wages of interim period.
(3.) LEARNED Advocate Ms. Acharya submitted that periodical appointment in the post of Driver was given, to the respondent and each month there was a break in service and separate order of appointment is to be considered afresh appointment on each month. It is not covered by definition of Retrenchment under Section 2 (oo) of i. D. Act 1947 and because of such kind of appointment covered by the definition of section 2 (oo) (bb) of I. D. Act, 1947.