Honble MATHUR, J.–Leave granted.

(2). This appeal, by special leave, has been preferred against the judgment and order dated 21.3.2005 of a Division Bench of High Court of Punjab and Haryana, whereby the writ petition filed by the appellant challenging the award dated 9.11.2004 of the Industrial Tribunal-cum-Labour Court, Hisar, was summarily dismissed.

(3). The respondent Dharam Pal issued a notice dated 20.1.1998 under Section 2A of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act) alleging that he was employed as an unskilled workman by the appellant Guru Jambheshwar University, Hisar, on 2.10.1995, but his services were illegally terminated on 15.1.1998. As the conciliation proceedings could not fructify, the Government of Haryana referred the dispute under Section 10(1) of the Act for adjudication by the Industrial Tribunal-cum-Labour Court, Hisar (hereinafter referred to as the Labour Court") regarding the validity of the termination of services of the respondent Dharam Pal and the relief which he was entitled to get in case the termination order was found to be illegal.

(4). The respondent in his claim statement pleaded, inter alia, that he was appointed as unskilled workman on the post of Mali (gardener) in the University by a verbal order dated 2.10.1995; that he was removed from service on 2.7.1997 but subsequently he was taken back on duty on 15.10.1997; that he was illegally removed from the service of the University on 15.1.1998; that the University was paying wages of Rs.1638/- per month before his removal from service; that the University had regular work and persons junior to him had been retained in service and had been regularized; that the University was forcing the workman to work on contract basis despite the fact that there is work of regular nature; that the University was adopting unfair labour practice and that his retrenchment was illegal as neither any notice was given nor any compensation was paid to him at the time of his retrenchment.

(5). The Registrar of the University filed a reply on the grounds, inter alia, that the respondent was engaged as Mali on daily wages on 2.12.1995 and not on 2.10.1995, as claimed by him; that he was appointed for doing specific job of Mali in the Farming/Horticulture Wing of the University; that the Government of Haryana on the basis of the orders passed in CWP No.4522 of 1994 (Kulbhushan vs. State of Haryana), CWP No. 4522 of 1994 (P & H), by the High Court had issued instructions to the University vide letter No.12/5- 96/Ad.I(5) dated 17.1.1996 that no appointment on daily wage basis should be made and all appointments should be made on contract basis; that in accordance with the instructions all existing employees in the University who were working on daily wage basis were put on contract basis; that the respondent and some other employees engaged on contract basis had been appointed without following any procedure; that meanwhile the University advertised the post of Mali for making regular appointments in order to comply with the requirements of Articles 14 and 16 of the Constitution; that the respondent also applied for the said post of Mali and appeared in interview but he was not selected yet he was allowed to continue; that consequent upon the closure of the farming operations in the University and cessation of other seasonal work, the respondent was given one months notice vide University letter no.485-500 dated 15.12.1997; that on completion of one month, the services of the respondent were retrenched vide order dated 15.1.1998; that a cheque bearing no.416869 dated 15.1.1998 was also given to the respondent in compliance of Section 25F(b) of the Act as retrenchment compensation; that as there was some work in the University all the employees who were retrenched earlier were called but the respondent did not turn up for duty though 14 other employees reported for duty and were engaged and a letter in this regard was sent to the Labour a

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