JUDGMENT - H.D. PATEL, J.:---The petitioner is a Public Limited Company having branches throughout the country. One such branch is also at Nagpur and is registered under the Bombay Shops and Establishments Act, 1948. According to the petitioner, the employment of persons in the branch never exceeded seven in number.

2. The respondent No. 2 was appointed on a probation as a Sales Representative for the establishment at Nagpur under the contract of employment vide order dated 14-2-1984. The relevant terms of the contract are reproduced below :---

"1. You will be placed on probation in the designation 'Sales Representation' for a period of 12 months commencing from 14th February, 1984 upto 13th February, 1985 or for such extended period as may be determined by Management and as advised to you.

2. ..............

3. ..............

4. ..............

5. You will be bound by the terms and conditions of the service as contained in the aforesaid Annexure-I as well as by the Standing Orders applicable to Nagpur branch, enclosed herewith as Annexure-II.

6. ..............."

The respondent No. 2 accepted the offer and signed the contract of probationary employment. According to the petitioner, the work

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