JUDGMENT

C.K. THAKKER, J.

1. Leave granted.

2. The present appeal is filed by the Department of Horticulture, Chandigarh and another (appellants herein) against the judgment and the decree passed by the Court of Senior Sub Judge with Enhanced Appellate Powers, Chandigarh on January 30, 1980 in Civil Appeal No. 41 of 1979 and confirmed by the High Court on April 26, 2006 in Second Appeal No. 2473 of 1980 as also an order, dated September 01, 2006 rejecting an application to recall the said order.

3. Shortly stated the facts of the case are that Raghu Raj-respondent herein, was appointed by the Executive Engineer, Horticulture Division, Chandigarh as `beldar on purely temporary basis. Initial appointment was made in 1969 and after sometime, he was discontinued. Again, fresh appointment was given in 1972. It was expressly stated when the respondent was appointed that his services were liable to be terminated at any time without notice or reason. According to the appellant, the services of the respondent were not found to be satisfactory and accordingly his services were terminated on September 18, 1976.

4. The respondent raised an industrial dispute. The parties, however, settled the ma