ORDER

1. In this appeal the appellant management challenges an award made by the Labour Court, Akola, Maharashtra whereby the Labour Court came to the conclusion that the inquiry conducted against the respondent herein was unfair inasmuch as the charge-sheet placed against the said respondent was vague and the said respondent was deprived of an opportunity to meet his case. Based on the said finding, the dismissal of the respondent was set aside by the Labour Court. In the said proceedings on behalf of the management it was contended alternatively that assuming that the inquiry held against the respondent was not in accordance with law still the appointment of the respondent was on the basis of a casual labourer and he having not put in 240 days of continuous work in a given year it was open to the management to terminate his services, since the same was not required by the management. The Labour Court answered that question against the management holding that the management has not produced any material to show that the respondent had not worked continuously for 240 days and that he was only a temporary employee.

2. The said award of the Labour Court was challenged before the High