Judgment

M. HIDAYATULLAH

( 1 ) THE appellant, who appeals by certificate granted by the High Court of Madhya Pradesh, was appointed as Assistant Surgeon on probation for one year by the Board of Directors, Hindustan Steel Ltd. , Ranchi with effect from 22/10/1959. After completing his period of probation he was employed on a contract for 5 years. Ex. P-3 is the Contract of Service which he entered into with the Company. Under the terms of the contract there was a further period of probation. During the period of probation the Company could terminate his service without notice and without assigning any reason. On the completion of the period of probation, either side could terminate the contract by 3 months notice without assigning any reason. The Company could also terminate the employment by giving in lieu of notice, three months salary. This term was applicable till three months immediately before the end of the period of 5 years. If a notice terminating the service was not given three months before the close of the end of 5 years the contract was automatically extended till the incumbent became superannuated on reaching the age of 55 years.

( 2 ) THE appellant passed the probation