( 1 ) DELAY condoned.

( 2 ) HEARD Shri Udai Karan Saxena, learned counsel for the petitioner-appellant and Shri H. R. Mishra, learned counsel for respondents

( 3 ) THIS special appeal has been preferred against the judgment and order dated 19. 1. 2004 of the learned Single Judge dismissing the writ petition of the petitioner-appellant for regularisation.

( 4 ) FACTS and circumstances giving rise to this case are that petitioner-appellant had been appointed on daily wages on 12. 6. 1986 and his services had been extended from time to time and the same were terminated w. e. f. February, 1990. Petitioner-appellant filed Writ Petition No. 11004 of 1991 claiming the relief of allowing him to continue in service and regularise him. The learned Single Judge dismissed the writ petition vide impugned judgment and order dated 19. 1. 2004 on the ground that his appointment was on daily wage basis his employment commenced in the morning and ended in the evening every day; there was no condition in his appointment letter for renewal of the engagement, placing reliance upon the judgment of the honble Apex Court in Escorts Limited v. Presiding Officer and Anr. , (1997) 11 SCC 521