1 S.B. CIVIL WRIT PETITION NO. 405/2005. (SUPTD. ENGINEER & ANR. VS. JUDGE LABOUR COURT & ANR.) DATE OF ORDER : 15.07.2008. HON'BLE MR. GOVIND MATHUR, J. Mr. Arjun Singh Deora for the petitioner. Mr. Vijay Mehta for the respondents. By this petition for writ, a challenge is given to the award dated 13.05.2003 passed by the Labour Court, Jodhpur answering a reference made to it by the appropriate government under an order dated 07.08.2000 in the terms “Whether the termination of workman Shri Rajendra Nath Mathur s/o Shri Amarnath Mathur, Incharge, Sub-engineer, resident of Killikhana, Naya Bagh, Jodhpur by his employers (1) Superintending Engineer, Irrigation Circle, Jodhpur, (2) Executive Engineer, Irrigation Division, Jodhpur and (3) Assistant Engineer, Irrigation Sub-division, Jaisalmer on 15.08.2982 is valid and proper? If not, then for what relief Shri Rajendra Mathur is entitled ?” The contention of counsel for the petitioner, while assailing validity of the award impugned, is that the labour court failed to appreciate that the appointment was given to the 2 workman in famine relief work and, therefore, no order could have been passed reinstating him in service. The order of appointment is available on record as Annexure R/1. From perusal thereof, it is apparent that the appointment was given to the petitioner in work charge establishment and he was instructed to look after the work of famine under the instruction of the Assistant Engineer concern. Learned labour court after examining the order of appointment and all other material available on record, gave a finding of fact that the appointment of the workman was in work charge cadre and he was looking after the work of famine under the instructions of the Assistant Engineer and as such he was an employee of work charge establishment. I do not find any error in the order impugned in view of the specific term regarding appointment of the petitioner in work charge establishment. No case is made out for interference of this Court under Articles 226 and 227 of the Constitution of India. The petition for writ is dismissed accordingly. (GOVIND MATHUR)J. Anil/