JUDGMENT :

B.N. KARIA, J.

1. By means of this Appeal under Clause 15 of the Letters Patent, the Appellant prayed to quash and set aside the order dated 4th May, 2011 passed by the learned Single Judge rejecting the Special Civil Application No. 5620 of 2011 preferred by the Appellant wherein, order dated 31st August, 2010 passed by the Labour Court at Bhuj in Reference (LCB) No. 78 of 2003 was confirmed by directing to reinstate the respondent in service with continuity but without back wages.

2. The factual matrix of the Appeal is described as under:-

2.1 The Respondent herein was provided work purely on temporary, adhoc and daily wages basis depending upon the administrative requirement during the monsoon season between 29th September, 1994 to January, 1998 without following due procedure of recruitment due to administrative exigencies. The Respondent had never worked continuously for 240 days in any of the year from 1994 to 1998. However, the Respondent approached the Labour Court at Bhuj, Kutchh by way of filing Reference (LCB) No. 78 of 2003, after more than five years praying for reinstatement in service with continuity and full back wages on the ground that he was illegally and