K. J. ROHEE, J

1. The appellant/employer has challenged the order of the learned Single Judge dated 23.11.1998 dismissing Writ Petition No.3407 of 1998 challenging the Award passed by the Labour Court, Yavatmal on 6.1.1998 in Reference (IDA) No.11/1995 directing the appellant to reinstate the respondent/workman with continuity of service but without back wages.

2. According to the respondent/workman he was serving with the appellant in Quality Control Laboratory at Yavatmal as Helper on daily wages of Rs.20.10 Rs. From 1.5.1985. The respondent worked for more than 240 days in every year. He worked with the appellant till 2.2.1991. There was no complaint in respect of the services rendered by the respondent. However, in spite of availability of work, the appellant used to give technical break to the respondent in order to deprive the respondent of the benefit of coming on regular establishment. No reasons used to be given for the technical breaks. The services of the respondent were terminated by the appellant from 3.2.1991 by oral order. While terminating the services of the respondent, no notice or reasons were given. No seniority list was maintained. After terminating the r