JUDGMENT

Dr. Dhananjaya Y. Chandrachud, J

1. Leave granted.

2. The respondent was appointed as a conductor on a contractual basis on 21 January 2006 by the appellant. The contractual appointment was for a period of one year or until the shortage of drivers was met, whichever was earlier. The agreement (described as the contract letter) which was entered into between the appellant and the respondent stipulated as follows:

“11. While working as a conductor if on inspection of vehicle en-route if any passenger is found without a ticket then in such a situation the second party would be removed from the temporary employment and to fulfill the loss, he would also be liable to pay the amount as determined by the Head Quarter. Apart from this the first party would be at liberty to proceed against the second party under the prevention of without ticket travel act.”

3. Clause 16 of the agreement stipulated that:

“16. The first party will have the right to terminate the temporary appointment of the first party at any time without any notice.”

4. The services of the respondent were dispensed with on 21 March 2007.

5. Challenging the order of termination, the respondent filed a writ petition,