J. N. WAZIR, C. J. :

This is an application for issue of an appropriate writ praying that the order dated the 7th December 1957 discharging the petitioner with effect from the 8th December 1957 be quashed and that the petitioner be reinstated to the post which he was holding before his discharge from service.

(2) The relevant facts as alleged by the petitioner in his application are the following. The petitioner was engaged in the Government Joinery Mill as Time-keeper and worked as such till the 7th December 1957 when he was discharged from service in compliance with the order passed by respondent No. 2 at the instance of respondent No. 1.

The petitioner worked to the entire satisfaction of the respondent giving no occasion whatsoever for being discharged from service. The petitioner was not informed of any reason for discharging him from service and the order of discharge, according to him was illegal, arbitrary mala fide and contrary to the rules of natural justice.

(3) The order of discharge dated the 7th December 1957 reads as under:

"Government Joinery Mills,

Post Box No. 4. Srinagar.

NOLGDJ /VIII -7/57 Dated 7-12-1957.

OFFICE ORDER

As per order of the Secretary to Government Industries and Commerce, Vide No. 20JN/55 dated. Srinagar Dec. 6, 1957 Mr. G. M. Qadiri Time Keeper is discharged from his service with effect from 8th December, 57. Mr. G. M. Qadari will hand over his charge to Mr. Ghulam Rasool Mir, Recorder in the Office and the Maintenance Eingineer, Mr. Ghulam Qadir may please check that no outstanding in any department will remain against Mr. G. M. Qadiri-

Sd. G. Djupsjo,

Manager, Government Joinery Mills,

Pampore (Kashmir)"

(4) Mr. Djupsjo has further certified that the-petitioner was posted on the following duties:

(1) Recorder of Sawn timber in Saw Mills from 8-8-1954 to 16-3-1955

(2) Recorder in Log Pond and Finished Goods Store from 17-3-1955 to 5-7-1957

(3) Time-keeper from 6-7-1957 to 8-12-1957. He has further certified that the work of the petitioner was satisfactory and that he was discharged by order of the Secretary to Government, Ministry of Industries and Commerce for reasons not known to the Manager.

(5) The respondents have resisted this petition on the ground that the petitioner was a daily wager whose employment could be terminated at any time and that the petitioner was not entitled to any show cause notice either under the Constitution or any law or the rules of natural justice. It was further averred that the petitioner was not a member of any civil service in the State nor did he hold a civil post under the State. The petitioner was merely a daily wager in the factory and it was open to therespondents not to employ him in future.

(6) The counsel for the petitioner admitted that the petitioner was not a member of the civil service of the State but contended that he held a civil post under the State and, therefore, was entitled to the benefits of Section 126(2) of the Constitution of Jammu and Kashmir.

(7) The question for determination, therefore, in this petition is whether the petitioner held a civil post under the State and if so, is he entitled to the benefit of clause (2) of S. 126 of the Constitution of Jammu and Kashmir.

(8) Section 126 of the Constitution is as follows: "(1) No person who is a member of a civil service of the State or holds a civil post under the State shall be dismissed or removed by an authority subordinate to that by which he was appointed.

(2) No such person as aforesaid shall he dismissed or removed or reduced in rank until he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him."

(9)It is argued that the petitioner held a civil post under the State in as much as the Joinery Mill being a commercial concern is owned, controlled & financed by the State and the petitioner being a worker in the Mills was paid out of the State funds and therefore, the petitioner was holding a post under the State.

(10) It is true that the Joine

Click Here to Read the rest of this document