JUDGMENT

Arijit Pasayat, J.-Rajasthan State Road Transport Corporation (hereinafter referred to as Corporation ) calls in question legality of the judgment rendered by learned Single Judge of the Rajasthan High Court dismissing the second appeal filed by the Corporation.

2. Background facts necessary for disposal of the appeal in a nutshell are as follows :

The respondent (hereinafter referred to as the employee ) filed a civil suit in the Court of the learned Additional Civil Judge, Senior Division and Judicial Magistrate III, Jaipur City, Jaipur. Suit was for declaration that the order of termination dated 18.3.1986 passed by the Corporation is illegal. According to him he was appointed as a Conductor on permanent basis and on erroneous impression that he was carrying passengers without tickets, his services were terminated. He was not departmentally proceeded against and no inquiry was conducted, and, therefore, the order of termination was illegal and arbitrary. It was further pleaded that the principle of "last come first go" was not followed in his case. The Corporation took the stand that the employee was appointed on daily wage basis. He was not appointed on permanent basis.