Manmohan, J.

1 Present Letters Patent Appeal has been filed challenging the judgment and orderdated 24th April, 2005 passed in W.P.(C) 830/2003 whereby the learned Single Judge while allowing the writ petition has remanded the matter back to the Labour Court for read judication.

2 The brief facts of the present case are that the Respondent-workman was working with the Appellant as a Peon w.e.f. 12th September 1989 and worked continuously without break till 18th June, 1990. The workman initially worked for the period from 12th September, 1989 to 07th May, 1999, as a daily wager and thereafter, on 08th May, 1990 he was issued an appointment letter. The Clause 2 of the appointment letter reads as under:

You will be on probation for a period of one year which may be extended at the absolute discretion of the Management. On satisfactory completion of the period of probation, your services will be confirmed in writing.

3 The Appellant vide letter 18th June, 1990 terminated the services of Respondent. The matter was referred to the Labour Court wherein it was held that the termination of the Respondent workman was not retrenchment but was governed under the exception to the definition