( 1 ) THIS Special Appeal has been preferred against the judgment and order dated 26. 9. 1995 of a learned Single Judge by which Writ Petition No. 36177 of 1991 preferred by the appellant was dismissed. The relief claimed in "the writ petition was that a writ of mandamus be issued directing respondent No. 3 to take the writ petitioner (appellant) back in service and to appoint him permanently on the sanctioned post of gardener.

( 2 ) THE case of the appellant, as pleaded in the writ petition, was that he had been working regularly since 1983 on various jobs, mostly as gardener on daily wage basis with respondent no. 3. He worked till May, 1991 when his services were terminated orally. It was further pleaded that he had worked for more than 240 days in a year and he was a workman as defined in the industrial Disputes Act. In the counter affidavit, it was asserted that the petitioner had worked on daily wages but with break in every week during the course of his service. He had not worked for 240 days in a calendar year and he was not a workman under the Industrial Disputes Act. It was denied that the petitioner (appellant) had been working as gardener upto May, 1991