S.B.C.W.P. No.3844/1997 Girdhari Ram v. Executive Engineer, PWD, Division Phalodi, District Jodhpur & others Date of order: 24.03.2009 HON'BLE MR JUSTICE GOVIND MATHUR Mr Pawan Deval for Mr Sachin Acharya, for the petitioner Mr Mukul Singhvi, for the respondents By this petition for writ, a challenge is given to the award dated 28th April, 1994 passed by the Labour Court, Jodhpur answering the reference made to it by the appropriate government in terms that - “Whether the Executive Engineer, Public Works Department, District Division Phalodi and Assistant Engineer, Public Works Department, Sub Division Phalodi were right in terminating Shri Girdhari Ram s/o Gorkha Ram Jat from service with effect from 28.8.1989? If not, then for what relief the workman is entitled?” The Labour Court, after considering all the facts available on record, reached at the conclusion that the petitioner did not complete continuous service in a calendar year, as defined under sec.25B of the Industrial Disputes Act, 1947, for the reason that from the month of August, 1988 to October, 1988 he worked in the office of Assistant Engineer, Public Works Department, Sub Division-I, Phalodi and then in the same office he worked from month of May, 1989 onwards. As such, in total he worked for a period less than 240 days. It is averred in the petition for writ that the Labour Court while computing continuous service should have included the period in which the workman was working in other units of the employer department. From examination of the award impugned, it is apparent that even by including period in which petitioner worked in other sub-divisions, he did not satisfy the requirement of provisions of sec.25B of the Act of 1947. The petitioner, as a matter of fact, was employed for famine relief work and the term of employment therein is rightly excluded by the Labour Court in view of the provisions of Rajasthan Famine Relief Works (Exemption of Labour Laws) Act, 1964. As such, no error is committed by the Labour Court that may warrant interference by this Court while exercising powers under Article 227 of the Constitution of India. Petition for writ, therefore, is dismissed. [GOVIND MATHUR],J. mma