JUDGMENT

Shivaraj V. Patil, J.-This appeal is directed against the order dated 9.5.1996 made by the Allahabad High Court in Civil Miscellaneous Writ Petition No. 14 of 1989.

2. The appellant was employed on 4.12.1981 as a clerk on ad hoc basis by respondent No. 2 - U.P. Rajya Sahkari Bhumi Vikas Bank Ltd. (for short the Bank ). He was serving as such till 19.7.1985 continuously with small motivated breaks in between to ensure that the appellant did not have continuous service of more than 89 days. His services were terminated by an oral order dated 19.7.1985. He raised an industrial dispute challenging termination of his services. Respondent No. 1 - Industrial Tribunal - after holding inquiry and on the basis of the evidence held that termination of the services of the appellant was clearly "retrenchment" as defined in Section 2(S) of the U.P. Industrial Disputes Act, 1947 and was also contrary to Section 6(N) of the said Act (hereinafter referred to as the State Act ). The Tribunal refused to grant relief of reinstatement on the ground that the regular appointment to the post held by the appellant could only be made by the U.P. Cooperative Institutional Service Board as p