Provisions of Section 2(oo) not applicable in the instant case.

F.M.Ibrahim Kalifulla, J: The appellant is aggrieved against the order of the learned single Judge in setting aside the order of the appellant dated 18.2.1999, in and by which, the appellant informed the respondent herein that his term of employment expired and therefore, he would be relieved on and from 31.3.1999.

2. The brief facts which are required to be stated are that the respondent joined as a ‘security supervisor’ in 1983 in the appellant-Corporation as contract labourer.The contractor was stated to be one M/s.Thai Security. Subsequently, in the year 1987, the contractor got changed and another establishment, called Priyadharshini Indira Gandhi Security Services came into picture and the respondent continued to serve in the same capacity as a ‘contract labourer’. Subsequently, by an order dated 21.1.1988, the respondent was directly employed by the appellant-Corporation as ‘security supervisor’ with effect from 13.1.1988 for a fixed period. Similar such orders were issued fixing specific period of employment of the respondent and last of such order was dated 28.9.1989, in and by which, the appointment of the respondent as ‘security supervisor’ was continued till 30.10.1989. It is common ground that after the issuance of the order dated 28.9.1989 and after the expiry of the term fixed therein dated 31.10.1989, though no orders were issued, the respondent’s services as ‘security supervisor’ was continued. It is also not in dispute that such employment of the respondent was continuous till the impugned order dated 18.2.1999 which directed to relieve the respondent from service from 31.3.1999 came to be made. Therefore, the uncontroverted fact remains that after the initial engagement of the respondent as a ‘contract labourer’ in the year 1983 which status was prevailing till the end of 1987, from January, 1988, the respondent came to be directly employed by the appellant as ‘security supervisor’ and that the said employment continued till the end of March,1999.

3. According to the respondent, after the issuance of the order dated 18.2.1999, when he enquired in the office of the appellant as to why he was being relieved from duty with effect from 31.3.1999, while other security supervisors were being retained, he was informed that since he has reached the age of 58 years, he was being relieved from service. The respondent, therefore, preferred the above said W.P.No.4710 of 1999 challenging the order dated 18.2.1999, inter alia contending that in the appellant-Corporation, the age of retirement of the employees below Board level is 60 years and therefore, the relieving of the respondent at the age of 58 years was illegal. It was also contended that since after 1989, his employment was not for any fixed period and since the employment continued without any break, the respondent cannot be treated differently than that of other employees. It was further contended that the order dated 18.2.1999 was also invalid for non-compliance of Sec.25-F of the Industrial Disputes Act. It was lastly contended that since by notification dated 9.12.1976, the Central Government abolished engagement of ‘contract labourer’ in the public sector corporation, the respondent should be deemed to be the employee of the appellant-Corporation in every respect and therefore, he was governed by the conditions of service applicable to regular employees and therefore, all benefits that are available to a regular employee ought to have been extended to him as well.

4. The challenge made by the respondent was resisted by the appellant-Corporation, by contending that the engagement of the service of the respondent was on the basis of a fixed term on daily rate basis and therefore, the engagement of the services of the respondent cannot be construed as that of a regular employee of the appellant. According to the appellant, such term based employees were not engaged after the age of 58 years. It was therefore, contended that the age of superannuation, namely, 6

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