SURAT DISTRICT PANCHAYAT Vs. DILIPSINH BHIMSINH RATHOD

JUDGEMENT

(1.) Admitted. Mr. CB Dastoor, learned counsel appears and waives service for the respondent workman. In the facts and circumstances of the case, the matter is taken up for final hearing today.

(2.) This Letters Patent Appeal is filed against the judgment and order passed by the learned Single Judge in Special Civil Application No. 4679 of 1998 on 9th November, 1998.

(3.) The appellant Surat District Panchayat, has approached this Court by filing the present appeal. The case of the appellant was that the respondent workman was appointed on temporary and ad hoc basis as Workcharge Clerk by passing several orders. Those orders specifically mentioned that the appointment was on purely temporary and ad hoc basis and that too for a particular period. It was also stated that the workman would not be entitled to continuation or other benefits as the appointment was for a fixed period. It appears that the final order of appointment was passed on 24/04/1984 (Annex.C to the petition) and it was explicitly mentioned that the workman was appointed with effect from that date i.e. 2 4/04/1984 on purely temporary basis for a period of one month only. It was further stated that as soon as said period of one month would be over, he would be relieved from services. It was the last appointment order and thereafter no further appointment was made. In other words, services of the workman came to an end with effect from completion of one month from 24/04/1984 i.e. from 23/ 24/05/1994.