1. The relationship between the appellant and the respondent no.1 bank is of master and servant. It has been fairly admitted by learned Counsel appearing on behalf of the plaintiff that the suit is not specifically enforceable under Section 14 (1)(c) of the Specific Relief Act, 1963 . The contract of employment does not fall within the three exceptions for which the appellant even if he succeeds in the suit would be entitled to reinstatement. However, it cannot be disputed that if the procedure followed for dismissal of the plaintiff is not in accordance with the principles of natural justice or fair procedure or is arbitrary and based on no evidence, the plaintiff is entitled to a declaration that the termination is illegal or wrongful and can claim damages for such wrongful dismissal.

2. The observation of the learned Single Judge that since there is no written contract between the parties, the dispute cannot be resolved with reference to any terms and conditions gover