( 1 ) THE questions that arise for consideration in this petition are whether an appointment of a probationer contrary to model standing orders is invalid appointment, if so. its effect ; whether clause (bb) of Section 2 (oo) of the Industrial Disputes Act, 1947. (Central Act) is applicable in state of Uttar Pradesh; whether a probationer can be terminated or discharged from the service without complying the provisions of the Section 6n of the U. P. Industrial Disputes Act, 1947 (U. P. Act): whether termination or discharge of a probationer after expiry of maximum probationary period amounts to retrenchement; whether the workman is entitled for reinstatement and back wages ?

( 2 ) THE petitioner appointed Dhanvir Singh the respondent No. 1 on 1. 1. 1987 as an Office assistant on probatation for a period of six months. The appointment letter mentioned that if the work of the respondent is found satisfactory, he would be absorbed in the factory and if it is not found satisfactory, then his service could be terminated even earlier than six months. It further provided that the probationary period could be extended by another six months. The probationary period of the pet