IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL WRIT PETITION NO. 1169 (SS) OF 2003 Bhim Bahadur, S/o Sri Lal Bahadur, R/o DT-30, Yamuna Colony, Dehradun, District Dehradun. ...............Petitioner. Versus 1. Union of India, through Secretary, Central Water Department, New Delhi. 2. Regional Director, Central Ground Water Board, 2 Ankit Puram, GMS Road, Dehradun. .................Respondentsz. Sri M.C. Pant, Advocate for the petitioner. Sri Ashok Agarwal, Advocate for the respondents. Dated: 03.03.2006 Hon’ble Rajesh Tandon, J. By the present writ petition, the petitioner has prayed for a writ of Mandamus directing the respondents not to discontinue the petitioner from service and allow the petitioner to work in the office of the respondent no. 2 and pay the salary admissible to the petitioner. 2. Brief facts giving rise to the present writ petition are that the petitioner was initially appointed in the office of the Regional Director, Central Ground Water Board, Dehradun in the month of November, 2002 in daily wage basis as Chaukidar @ Rs. 74 per day. 3. However, according to the case of the petitioner, his service was orally terminated on 12.09.2003 and he was not allowed to sign the Attendance Register without issuing any show cause notice. 2 4. The petitioner has mentioned in paragraph 5 of the writ petition that the provisions of Section 25(f) of the Industrial Disputes Act has not been complied with when in point of fact, he has worked for more than two hundred and Forty days. 5. While filing the writ petition, this Court has passed the following order on 30.09.2003:- “Admit. Issue notice to respondents returnable within three weeks. List thereafter. In the meantime, it is provided that if the work and post is available, the petitioner shall be allowed to work and shall be paid salary regularly.” 6. A Supplementary counter affidavit has been filed in reply to the show cause notice dated 25.11.2004, where in paragraph 9, it has been stated:- “9. That it is pertinent to mention here again that the respondent no. 2 Central Ground water Board, Dehradun was established in the year 2002 by the Ministry of Water Resources and it was decided by the Ministry that the regular incumbent shall only be posted by way of transfer.” 7. In view of the aforesaid facts, liberty is given to the petitioner to approach the authority requesting him to permit him to continue till the regular incumbent joins the department. However, in case, the petitioner is not successful, he may approach the Labour Court also under the Industrial Disputes Act for his grievances. 8. If any representation is filed by the petitioner, before the authorities concerned in pursuance of the order passed by this Court, the same shall be considered by the authority concerned sympathetically within a period of three months from the date of presentation of the certified copy of order. 3 9. Subject to the aforesaid, writ petition is disposed of. No. order as to costs. (Rajesh Tandon, J.) 03.03.2006 Rathour