( 1 ) LEAVE granted.

( 2 ) ADMITTEDLY, the respondent had been employed by the appellant as a messenger for a period of 91 days from 15-3-1980 to 30-6-1980. Prior to the appellant being appointed for this short stint the appellant had in a similar manner appointed one Sooraj for a short period. Subsequent to the expiry of the period for which the appellant was appointed, one Ram Kumar was appointed in the same capacity for a period of 88 days. The question to be resolved in this appeal is whether the respondent could, in these circumstances, be reinstated as a temporary employee with the appellant; and, if so, whether the respondent could claim and be allowed back wages until he was so reinstated.

( 3 ) THE issue was brought before the Labour Court at Kanpur when the government of India referred the following question for adjudication by it:

( 4 ) WHETHER the action of the management of State Bank of India, Varanasi in terminating the services of Shri Raja Ram, sub-staff with effect from 14-6-1980 is justified? If not, to what relief is the workman concerned entitled?

( 5 ) THE Labour Court held that the respondent was a casual employee and that he was entitled to continue in service