B.D.SINGH, J.

1. This application by Basantlal Sah under Articles 226 and 227 of the Consitution of India is directed against an order dated 29-6-74/1-7-74 (Annexure 1) passed by the Divisional Mechanical Engineer, N. F. Railway, Katihar, (the respondent), whereby a notice under Rule 149 of the Indian Railways Establishment Code (hereinafter to be referred to as the Code) Vol. I was given to the petitioner intimating him that his services would stand terminated from the date of expiry of one months period of the notice from the date on which the notice was served on or tendered to the petitioner.

2. In order to appreciate the point involved in the application it would be necessary to state briefly the facts. The petitioner was appointed as a substituted carriage khalasi in the railway on 9-4-1969, and was continuing in service in that post for more than five years, as stated in paragraph 2 of the writ application. He has also stated in the other part of his application that he had received increments and was medically examined for absorption in service. As a carriage khalashi he was a workman and was governed by the provisions, according to him, contained in the. Industrial