Judgment

Thomas, J.-Special leave granted.

2. Appellant claims to be still in the service of National Insurance Company Limi­ted (respondent) as a probationary Inspector on a conten­tion that the order passed by the respondent on 13.3.1982 terminating his probation is bad in law. He succeeded in the trial Court where he filed the suit for a dec­laratory decree and also in the first appel­late Court, but he was non-suited by the High Court in the second appeal filed by the res­pondent. Hence he has come up in this Court with this appeal.

3. Appellant was appointed as Inspector on probation at Khalidabad under the Gorakhpur branch of the respondent Company with effect from 19.9.1980, initially for a period of twelve months subject to certain conditions. On 13.3.1982 respondent-com­pany served upon him thirty days notice of termination of his service on the premise that appel­lant failed to achieve the targeted premium amount.

4. Appellant filed the suit in the Munsif’s Court Gorakhpur for a decree declaring that the said notice of termination is illegal and void and that he continues to be in service of the Company with all the benefits flowing from the post. Respondent-Com­pany conteste