1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL NO.193 OF 2009 IN WRIT PETITION NO.2035 OF 2005 Sudhir S. Gandhe .. Appellant Vs. Maharashtra Film, Stage and Cultural Development Corporation Ltd. .. Respondents Mr.N.M.Ganguli for the appellant Mr.R.S.Apte, Sr.Advocate i/b Mr.N.R.Bubna for the respondents CORAM : J. N. Patel, Acting C.J., B.R.Gavai, J. DATE : January 22, 2010 P.C. : 1. Heard. 2. The appellant is the original respondent who has impugned his termination before the Labour Court on the ground that it amounts to retrenchment and that the respondent employer have not followed the provisions of section 25F of Industrial Disputes Act., his termination is illegal and therefore, he should be reinstated. 3. The learned Labour Court allowed the reference and held that the services of the appointment have been illegally terminated and therefore, set aside 2 the order of termination and passed an award that he is entitled to get relief of reinstatement with back wages and continuity of service. 4. The employer challenged the matter before this court by filing a writ petition wherein the learned single Judge found that this is not a case of retrenchment as the appellant has put in hardly 15 months with the Corporation and his appointment was not against any vacancy, it being temporary in nature, it came to be terminated. 5. The learned single Judge found that a lump sum amount of Rs.50,000/- would meet the ends of justice and quashed and set aside the award of the Labour court. 6. We do not find that the appellant has been able to establish that he was in the employment of the respondent. On the other hand, we find that he was engaged as a daily wager on temporary basis for a particular period on a consolidated salary of Rs.1,500/- per month. 7. We do not find any merits in the appeal and therefore, the same is dismissed. (ACTING CHIEF JUSTICE) (B.R.GAVAI, J) 3