JUDGMENT

S.B. Sinha, J. - Leave granted.

2. Respondent was appointed on a temporary basis in the year 1982 for a period of 88 days. His services were terminated. An industrial dispute was raised by him which was referred to for adjudication before the Presiding Officer, Central Government Industrial Tribunal–cum–Labour Court, Kanpur by the State of Uttar Pradesh in the following terms:

"Whether the action of the management of State Bank of India, Region III, the Mall Kanpur, in relation to their Jhanstongang Branch, Allahabad in terminating the services of Shri Mahatma Mishra, Ex-messenger with effect from 4.9.1982 and not considering him for further employment as provided under section 25-H of the Industrial Disputes Act, is justified. If not to what relief is the workman concerned entitled?"

3. Before the Industrial Court, the respondent inter alia relied upon a purported circular issued by the Personnel Department of the Appellant–Bank wherein direction was issued that temporary appointments were to be made for a maximum period of 90 days in the case of sub staff and 180 days in case of temporary staff upon obtaining suitable number of names from the concerned employment exchange(