JUDGMENT

Santosh Hegde, J.-This appeal arises out of the judgment of High Court of Delhi made in RFA No. 23 of 1989 whereby the High Court allowed the appeal filed by the respondent herein and set aside the judgment and decree of the Trial Court consequently dismissing the suit filed by the respondent herein. Brief facts necessary for the disposal of this appeal are as follows :-

2. Appellant herein was employed by the respondent company in the year 1971 in its I.B.P. Depot, Shakur Basti, Delhi as a Fitter on daily basis. He continued to work in that capacity till 23rd of October, 1973 when the respondent treated his appointment as on probation for a period of six months from 23rd of April, 1973. At the end of that period the respondent extended the period of probation for a further period of 3 months without confirming his appointment. Being not satisfied with the performance of the appellant, on 24th of January, 1974 it terminated the service of the appellant. The appellant tried to raise an industrial dispute questioning his termination which was rejected by the Government concerned. Hence, he filed a suit in the Court of Sub Judge, 1st Class, Delhi praying for a decree of Rs. 10,