( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 5198 OF 2008 Dattatraya Vishwanath Sangewar PETITIONER VERSUS The Chief Engineer, Administrator, CADA, Garkheda Area, Aurangabad and another. RESPONDENTS ..... Mr. Dhongde, advocate holding for Mr. Y.R. Barhate, advocate for the petitioner. ..... [CORAM : V.R. KINGAONKAR, J.] [DATE : 18th June, 2009] PER COURT : 1. Heard. 2. The petitioner was working as temporary mason on the canal construction work of the respondent. He filed proceedings for reinstatement in service with continuity and full backwages alleging that he was orally terminated on 11-11-1985. The reference application came to be decided against him by the Labour Court, Jalna in reference application No. (ID) 7/2001. ( 2 ) 3. It was found during the inquiry conducted by the Labour Court that the petitioner admitted, unequivocally, that he was temporarily appointed as mason and worked as such from 1982 to 1985 at the site of canal construction. He admitted that in 1985, the canal construction work was completed and thereafter, he as well as likewise daily-wage workers were terminated. The admission of the petitioner shows that he was not terminated illegally, but his services were not required due to completion of the work. Such a temporary employee cannot claim continuation when the work was not available. The Labour Court rightly held that he was not entitled to reinstatement and continuity. However, retrenchment compensation has been allowed in his favour. There is nothing perverse in the impugned order. Hence, the petition is dismissed. [ V.R. KINGAONKAR ] JUDGE NPJ/wp5198-08