JUDGMENT

VENKATACHALA, J.-

We are granting special leave. We are also disposing of this appeal on merits after hearing learned counsel on both sides.

2. The Oriental Insurance Co. Ltd., the appellant had appointed the respondent as one of its Inspectors. There were two stipulations governing the conditions of his service in the order by which the respondent was appointed. One of them related to continuation in service of the respondent as probationer unless confirmed, while the other related to termination of his service at any time by giving one months notice or on payment of one months salary in lieu of such notice. By a notice dated May 19, 1980 served upon the respondent on May 26, 1980 the respondents service was terminated with effect from June 18, 1980. The respondent instituted a suit in the Munsiff Court seeking a declaration that the termination of his service effected by the appellant was illegal and he was entitled to be reinstated with back wages. That court recorded a finding of fact that the respondents service with the appellant at the time of his termination was on probation inasmuch as his service was not confirmed. It, however, found the termination of service of t