JUDGMENT - H.H. KANTHARIA, J.:---By this Special Civil Application under Articles 226 and 227 of the Constitution of India M/s. Voltas Limited, a Company incorporated under the Companies Act, having their registered office at 19, Graham Road, Bombay- 400 038 and branch at Voltasagar, Dr. Ambedkar Road, Bombay- 400 033 (hereinafter referred to as the Company) challenges an award dated 9-3-1976 passed by the learned Presiding Officer, 4th Labour Court, Bombay, in Reference (IDA.) No. 330 of 1974 directing the Company to reinstate Narayan K. Naik, one of their employees (hereinafter referred to as the workman) with full back wages.

2. The workman had been in the employment of the Company as 'Sepoy' intermittently for a period of 8 years from 28-10-65 to 24-9-73 on temporary basis. His last employment in this manner was from 18-9-73 to 24-9-73 which was, as per the appointment letter dated 18-9-73, automatically to cease on 24-9-73 unless extended in writing; but it could be terminated on any day earlier without any notice and without assigning any reason. The appointment was on basic salary of Rs. 45/- per month plus dearness allowance as may be in enforce from time to time. He was not

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