JUDGMENT 1. 1. Heard learned counsel for the parties. Perused the writ petition as well as reply filed. 2. Learned counsel for the petitioner has invited my attention to Annexure-1 and submitted that he was appointed on 17.9.87 and continued to work as daily wage worker upto 31.5 88. He has further invited my attention to Para-3 of the writ petition and submitted that from 1st June, 1988 to 31st December 1988, petitions r was asked to work in the office of the Dy. Chief Wild Life Warden. Thus the petitioner submits that he was appointed on 17.9.87 and continued to work upto 31st December, 1988. He has further stated that on 1st January 1989, he was asked not to come on duty. This writ petition has been filed on 9.1.1989, just after one week of the date on which the petitioner we asked not to attend the office. 3. On behalf of the State reply has been filed. It has been submitted therein that Ex.1 Certificate was issued by the Dy. Chief Wild Life Warden, respondent No. 3. This fact has not been denied also. From 1st June 1988, the petitioner was asked to work in the office of respondent No. 3, who has issued the certificate Annex. 1. Thus, there remains no dispute as far as the question of facts are con.erned, and the case put up by the petitioner remains uncontroverted. Petitioner has worked actually for more than 240 days. 4. Learned counsel for the petitioner has referred before me the case of Nagpur Corporation reported in AIR 1960 S. C. 675. He submits that the Public Garden Department has been held as Industry by the Hon'ble Supreme Court. 5. Learned counsel for the respondents has submitted that the petitioner left the services voluntarily. A Person leaving the service of his own on 1st January 1989 will (not) come to court by filing the writ petition on 9.1.89. i.e. just after a week. This goes to show that the submissions made by the respondents cannot be taken to be correct. 6. In the result, the writ petition is accepted. The termination order is set aside. Respondent (sic petitioner) may be reinstated immediately Petitioner will get hack wages from 9th January 1989.
i.e. just after a week. This goes to show that the submissions made by the respondents cannot be taken to be correct. 6. In the result, the writ petition is accepted. The termination order is set aside. Respondent (sic petitioner) may be reinstated immediately Petitioner will get hack wages from 9th January 1989. Petitioner was working on the post of 4th Class employee and he will be entitled to get minimum basic salary of 4th Class employee from 9.1.89 from the date of filing of this writ petition. 7. He will also be entitled to get dearness allowance etc. except the compensatory allowance. Respondents will be at liberty to pass any fresh order according to law, if they consider it necessary. 8. Writ petition is disposed of accordingly.Petition Accepted. *******