JUDGMENT :

B.L. Hansaria, C.J. - The petitioner impugns Annexure-1 dated 28-5-1991 by which he was informed by opp. party No. 2 M/s. Orissa Textile Mills Ltd. (hereinafter referred to as ' the Company' also the Mills') that he would no more be required as Legal Adviser with effect from 1-6-1991. His case is that he was an employee of the Company and the impugned communications amount to termination of service which had been ordered without complying with the principles of natural justice, and so, he seeks reinstatement.

2. Two points in the main need our determination :

(1) Whether the petitioner was an employee of the Mills or was mere retainer as Legal Adviser?

(2) Whether a direction to reinstate, even if the present be a case of termination of service as an employee, can be issued ?

3. To answer the first question, some broad facts may be noted. The petitioner was provisionally appointed as a Junior Retained Lawyer vide Annexure 2 dated 19/20 November, 1975 on a monthly retaining fee of Rs. 100/- with effect from 1st December, 1975 Then, he came to be appointed as a Junior Legal Adviser in the Company vide Annexure 3 dated 26-7-1976 on the term and conditions mentioned in that docum