JUDGMENT

Dr. AR. Lakshmanan, J.—Heard Ms. Madhurima Tatia, learned counsel appearing on behalf of the appellant and Mr. Ajay Choudhary, learned counsel for the respondent.

2. This appeal is directed against the judgment and final order dated 28.1.2004 passed by the High Court of Rajasthan at Jaipur in D.B. Civil Special Appeal (Writ) No. 85/2004, dismissing the appeal filed by the appellant herein.

3. The respondent was appointed initially on muster roll as a Pump Driver, on temporary basis, with the appellant. According to the appellant, the respondent had worked upto 12.12.1984 from his initial date of employment and also worked in the month of May and June, 1985 for 21 days and 26 days respectively, under the appellant. The respondent left the service from 1.11.1985 without informing the appellant. As such the respondent has rendered a total number of 197 days of service under the appellant as per the muster roll produced before the Labour Court.

4. The respondent filed an application dated 29.6.1986 before the Conciliation Officer alleging that he was terminated from service w.e.f. 1.11.1985 without any notice. The appellant filed a reply to the said application controverting the s