Judgement

NATARAJAN, J.:- Special leave has been granted for this appeal on the sole ground that a recent decision of the Bombay High Court in Textile Committee v. K. A. Malani. (1983) 1 Serv LR 416, heavily relied on by the appellant to challenge the dismissal of Civil Writ Petition No. 690/85 filed by him before the Delhi High Court, required consideration as to its correctness.

2. The limited facts which call for mention for the purposes of this appeal are as under.

3. On February 11, 1981 the appellant was offered a temporary post of Chowkidar in the National Co-operative Development Corporation (Respondent No. 2 herein). The terms of the appointment were that the appointee would be on probation for a period of two years from the date of assuming charge of the post and the period of probation would be subject to extension at the discretion of the appointing authority and furthermore the appointment was liable to be terminated at any time without notice during the period of probation and thereafter on one months notice or on payment of one months salary in lieu thereof on either side.

4. After the formalities of acceptance were over the appellant was issued an order of appointment e