B.N. Patnaik, J.

The petitioner in O.P. No. 9597 of 1987 has challenged the judgment dated 23rd September 1991 of the learned Single Judge, by which the termination of service of respondent No.1 herein was quashed on the ground that the appellant has pot complied with the conditions of S.25 -F of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act') the termination being retrenchment in the eye of law.

2. The appellant is a private limited company mainly dealing in sale of building materials. It has a godown in Trichur Town. Respondent No.1 was employed in the godown of the petitioner as a watchman on probation for a period of six months on a monthly remuneration of Rs. 200/- with effect from 1-5-85 as per Ext. P1 letter. It is stipulated in Ext. P1 letter that his appointment shall be for a period of six months on an experimental basis. He was liable to be discharged from the service by giving one

month's notice. By a resolution of the Board of Directors the post of watchman was abolished with effect from 1-2-1986. On the basis of that decision the service of the first respondent was terminated by communication dated 29-1-1987. He was offered one month