Judgment

GROVER, J.:- This is an appeal by special leave from an award of the Labour Court, Delhi, on a reference the terms of which are as follows:-

"Whether Sarvashri Jagan Nath, Naunit Lal and S. K. Blaggan should be reinstated in service with continuity of past service and with full back wages for the intervening period and what directions are necessary in this respect?

In the award, the Labour Court came to the conclusion that although the three workmen concerned were temporary employees, they had been retrenched due to there being surplusage of labour. For that reason, the Labour Court held that as no retrenchment compensation had been given to them, they were entitled to reinstatement, and the reinstatement was, accordingly, directed.

2. The letters of appointment clearly show that the concerned workmen were appointed temporarily and it was stated in the letters of appointment that the remuneration would be on daily wage basis. It was further stated that during the period of temporary employment, the workmen would not be entitled to any kind of leave or to any benefits extended to the confirmed employees. The other matter, which is material in the letters related to the termi