( 1 ) THIS writ petition challenges the award dated 17th April 2003 delivered by the Labour Court No. 1 by which the petitioner s services were held to be terminated during the period of probation and thus he was held to be governed under the exception to the definition of retrenchment under Section 2 (oo) (bb) of the industrial DISPUTES ACT, 1947 (hereinafter referred to as the Act ). The said section reads as follows:

2 (OO) "retrenchment" means the termination by the employer of the service of a workman for any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action but does not include-- -. . . . . . . . . . . (bb) termination of the service of a workman as a result of the non-renewal of the contract of employment between the employer and the workman concerned on its expiry or of such contract being terminated under a stipulation in that behalf contained therein; or. . . . . . . . . . . . . . . .

( 2 ) THE petitioner was working as a peon with the respondents w. e. f. 12th september 1989 and worked upto 18th June 1990 continuously and without any break. He had worked as daily wager and on 8th May 1990 he was issued an appointmen