JUDGMENT

Ruma Pal, J.—Leave granted.

2. The respondent was employed as a messenger on a daily wage in a branch of the appellant Bank. No appointment letter was issued to him but he worked for 87 days in that capacity. The question in this appeal is whether the Labour Court had correctly found that the termination of the respondent’s service in 1982 was violative of Section 25G of the Industrial Disputes Act, 1947 (referred to as the ‘Act’).

3. After the respondent ceased to serve with the appellant on 5th October, 1982, the respondent raised a demand under Section 33-C(2) of the Act before the Labour Court praying for an amount of Rs. 148.74 towards his wages for 8 days holidays (including Sundays) which occurred during the period of his employment. The appellant accepted the demand and paid an amount of Rs. 155.23 to the respondent which was accepted by the respondent in full and final satisfaction of his claim. About one year later, in 1984, the respondent raised an industrial dispute claiming that his services had been wrongfully terminated by the appellant. The Central Government referred the following disputes to the Industrial Tribunal:

"Whether the action of the management of S