( 1 ) THE question referred a Division Bench of this Court has referred the following question for our consideration: "whether a part-time employee is a "workman" and whether he is entitled for all the benefits which are being extended to regular employees. "

( 2 ) FACTUAL matrix

2. 1 The appellant herein - Tourism Corporation of Gujarat Ltd ("tcgl" or "the appellant") is a Government Company registered under the Companies Act, 1956. The respondent herein was appointed by the appellant Corporation as a part-time sweeper in its Junagadh Hotel for a fixed period upto December 1987. Therefore on 31st December 1987 his services came to an end. In the year 1996, the respondent raised an industrial dispute, contending that his services had been illegally terminated. The dispute was referred to the Labour Court, Junagadh which was registered as Reference (LCJ) No. 57 of 1996. After hearing the parties, by award dated 24th May 2001, the Labour Court directed the appellant herein to reinstate the respondent within 30 days from the date of the award.

2. 2 The appellant Corporation, therefore, filed Special Civil Application No. 8847 of 2001 before this Court challenging the