( 1. ) THIS order will govern the disposal of Miscellaneous Petition No. 68 of 1967.

( 2. ) THE circumstances in which these two applications under Articles 226 and 227 of the Constitution have been filed are that Jagdish Mitra Sharma, the petitioner in Miscellaneous Petition No. 48 of 1967, was employed as a textile designing tracer by the Jiyajee Rao Cotton Mills, Ltd. , Gwalior (hereinafter referred to as the mills), the petitioner in Miscellaneous Petition No. 68 of 1967. The employment commenced on 5 July 1963 and was made subject to certain terms and conditions agreed to by the parties in writing. One of the conditions was that Jagdish Mitra Sharma would be on probation " till six months "; the other was that during the period of probation the employees services would be liable to termination at any time without notice. On 3 May 1965 the factory manager of the mills addressed a letter to Sharma terminating his services with effect from 23 May 1965 saying that his services were not needed and adding that his " services were not found satisfactory. "

( 3. ) THE employee after approaching the mills, filed an application under Section 31 (3) of the Madhya Pradesh. Indust