J.R. Chopra, J.-Briefly stated the contention of the petitioner is that he was engaged as a daily wage driver

w.e.f April 27, 1988 and has continuously worked up to January 10, 1089 when his services were terminated. Consequently, he has worked for more than 240 days and his termination has been effected without complying with the provisions of S. 25F(a) and (b) of the Industrial Disputes Act and therefore, the termination is per se void and he deserves to be restored back to his position.

2. In this respect, the contention of the respondents is that Shri Bhika Ram, driver, was regularly working in the Panchayat Samiti on the post of a driver. He fell ill and went on a long leave and, therefore, just to carry on the work of this temporary vacancy, on account of the medical leave applied by Shri Bhika Ram, this man was engaged on daily wages of Rs.20/-per day. It is not denied that he was engaged on daily wages at the rate of Rs.20/-. However, as per the respondents, he was appointed on May 26, 1988 and has remained in service up to January 10, 1989. It was contended by the respondents that in the month of June, he has worked for 25 days, in July for 6 days, in August for 27