Judgment

A. P. MISRA, J.

( 1 ) LEAVE granted.

( 2 ) HEARD learned counsel for the appellant.

( 3 ) THE main question for decision is, whether the termination order passed by the respondent-Corporation as against the appellant was valid or not. The Labour Court upheld the appellants claim but its order was set aside by the Industrial Court which was upheld by the High Court and review was also dismissed. Before this Court, the question raised was, whether the termination order is illegal as he was appointed on a clear vacancy after passing the requisite test, hence, termination without assigning any reason or finding unsatisfactory work is not valid. On the other hand the case of the respondent- corporation is, his appointment was not made on a clear vacancy but only as a daily-wager is also recorded in the counter-affidavit.

( 4 ) EARLIER, the appellant filed a document in this Court, alleging it to be his appointment letter dated September 20, 1980 which records that his appointment was on the post of driver as against a vacant post to which he has been selected by the Divisional Selection committee. This document has been disputed seriously on behalf of the respondent. In para 1 of