Judgment

SHELAT, J.: - This appeal by special leave, is against the order of the High Court of Patna dismissing a writ petition under Articles 226 and 227 of the Constitution challenging the award passed by the Labour Court on a reference to it of an industrial dispute under Section 10 (1) of the Industrial Disputes Act. 1947.

2. The reference arose from the following facts: Prior to April 20, 1959 the Government of Bihar was conducting through one of its departments, called the Rajya Transport Authority, an undertaking of road transport in the State. The said Authority appointed respondent 3 as a Head Clerk in the office of the Divisional Manager, Rajya Transport, Bhagalpur, as from July 27, 1956. The order appointing him stated that the appointment was purely temporary and was terminable without notice and without assigning any reasons. By an order dated February 18, 1959, issued by the State Transport Commissioner, Rajya Transport, he was discharged from service with immediate effect. On April 20, 1959, the State Government, in exercise of the power conferred by Section 3 of the Road Transport Corporations Act, 64 of 1950. set up as from May 1, 1959, the appellant corporation. The