Judgment

DAS GUPTA, J. : The industrial dispute out of which this appeal has arisen was referred by the Government of Madras in these terms:-

"Whether the discharge of Sri Brian Bobb and Sri C. Sampath is justified and to what relief they are entitled?

In this appeal we are concerned only with the case of Brian Bobb. This gentleman appears to have been a working journalist for many years. He was employed formerly as News Editor of the Morning News, Dacca, in Pakistan. He had to give up that post on the refusal of the Pakistan Government to renew his visa. He then requested Shri R. N. Goenka, Chairman of the Express News-papers Ltd., Madras, for an appointment on the editorial staff on any of the group of newspapers under his control and ultimately was appointed as Chief Sub-Editor of the Indian Express at Madurai. Mr. Brain Bobb joined the post on February 28, 1957. The appointment was on probation, the term being thus expressed in the appointment letter dated February 11, 1957:

"Your appointment will in the first instance be on probation for six months. If during this period we find you satisfactory and you find the job suitable we will confirm you.

2. Before however six months exp