V.K.Khanna, J.

1. THE appellant was a work-charge employee in the Irrigation Department of the State of Uttar Pradesh who was working on the post of an Operator, On 27-2-1993 the Executive Engineer, Uppar Ganga Canal Modernisation Project-Ill (world Bank) Roorkee gave a notice to the appellant that in accordance with para 29 of the Irrigation Manual of Orders the appellant having completed the age of 58 years will be discharged from the service. THE appellant in the writ petition challenged the aforesaid notice which was dismissed by the learned Single Judge in limine on the ground that there was no merit in the writ petition. THE present special appeal has been filed against the aforesaid decision of the learned Single Judge.

2. LEARNED counsel for the appellant in the present special appeal has urged the following points :

(i) There is no age of retirement prescribed for the work charge employees and thus the view taken that the petitioner was liable to be discharged after reaching the age of superannuation i.e. 58 years is erroneous.

(ii) That the Irrigation Department comes within the definition of Industry and thus the age of retirement could only [be provided under the