JUDGMENT :

(Prayer: Writ Appeal has been filed under Section 15 of Letter of Patent against the order dated 05.06.2012 passed in W.P.No.3144 of 2002 by the learned Single Judge of this Court.)

1. The Special Officer of the Management of Palani Agricultural Products Co-operative Marketing Society Limited, Palani, has filed this appeal challenging the order passed by the learned Single Judge in W.P.No.3144 of 2002, dated 05.06.2012, confirming the order dated 22.03.2001 passed by the first respondent/the Deputy Commissioner of Labour (Appellate Authority under the Tamil Nadu Shops and Establishment Act), Dindigul, setting aside the order of the termination dated 02.01.2001 passed against the second respondent-workman.

2. Mr.R.Parthiban, learned counsel for the appellant submitted that the second respondent-workman was employed as a salesman in the appellant society in February 1999, and he worked till December 1999, and after the break in service in December 1999, he worked from January 2000, but, his services were subsequently terminated on 02.01.2001. As he was employed on daily wage basis temporarily, he had no right to seek for absorption in service, because, he was neither permanen