K.C. Agrawal, J. - (1.) Brig. B.B. Chadha, (Retired) General Manager, Balmer Lawrie and Company Limited, Mathura has filed this petition under Article 226 of the Constitution for quashing the order dated 14th April 1986 and the order dated 3rd March, 1986 (Annexures 16 and 8 respectively). The petitioner, Brig. B.B. Chadha, was Commandant, 509 Army Base Workshop and Station Commander, Agra in 1985 when he was approached by Sri N. Guha, the Executive Director of M/s. Balmer Lawrie and Company with an offer of appointment to the post of General Manager in the respondent Company. The petitioner accepted the offer and, thereafter, joined the respondent Company as General Manager for its operation at Mathura on 15th April, 1985, The photostat copy of the appointment letter dated 7th January, 1985 has been filed as Annexure I to the writ petition. The appointment was on probation for a period of one year from the date he joined. The relevant clause of appointment letter on which arguments were addressed before us is as under : "9 (a) You will be on probation for a period of one year from the date you join us. This period of probation may be extended/curtailed at the sole discretion of the Company. During the period of probation your services may be terminated by either the Company or yourself by given one month's notice in writing and without assigning any reason. The Company reserves the right to offer you one month's salary in lieu of notice'."
(2.) Clause 10 provides for confirmation on satisfactory completion of probation.
(3.) Before the probationary period expired, the petitioner was terminated by a letter dated 14th April, 1986. The termination order is as under "You were appointed on probationary basis in terms of our letter No. DS/BBC/1 dated 7th January 1985 for a period of 12 months. Your joined the Companys service on 15th April, 1985. The probationary period has expired on the close of the Companys normal office hours today the 14th April, 1986. Kindly note that the Company has decided not to extend the probationary period and not to confirm you on the expiry of the probationary period and accordingly, you have ceased to be in the Companys service on the close of the Company's normal office hours today. Final adjustment or settlement of your dues, if any, to or from the Company will be advised separately.";