JUDGMENT

GOSWAMI, J.:— This is an appeal at the instance of the workman on certificate of the Calcutta High Court form the decision of the Division Bench reversing the earlier judgment and order of the learned single Judge in an application under Article 226 of the constitution directed against the award of the First Industrial Tribunal, West Bengal, madeunder Section 33A of the Industrial Disputes Act.

2. The appellant (hereinafter to be described as the workman) was employed by M/s. Hindustan Motors Ltd. (hereinafter to be described as the company) since August 3, 1949. On August 3, 1956, the workman entered into an agreement of service with the company wherein the first clause reads as follows:-

The Employer agrees to and does hereby engage the services of the employee for a period of 5 years beginning with dated 1-6-56 and thereafter until this agreement shall be determined by either party hereto giving to the other 3 months notice in writing of such intended termination.

Provided that in case employer finds the employees work satisfactory, employer shall have the option to extend the period of service by a further term of 3 years.

3. The workman went on two months leave to Banaras