1 S.B.CIVIL WRIT PETITION NO.2559/2003 Rajendra Mathur v. Judge, Labour Court, Bhilwara & Anr. DATE OF ORDER :: 14 th May, 2007 HON'BLE MR.JUSTICE GOVIND MATHUR Mr. Ravi Bhansali, for the petitioner. Mr. P.C.Sharama, for the respondents. .... By this petition for writ a challenge is given to the award dated 27.1.2003 passed by the Labour Court, Bhilwara in Industrial Dispute Case No.8/96. The appropriate government by its notification dated 15.1.1996 made a reference to the Labour Court, Bhilwara in the terms that “whether termination of workman Shri Rajendra Mathur by Director, Awas Vikas Sansthan, Bhilwara w.e.f. 31.8.1994 is legal and justified? If not, then for what relief the workman is entitled?” The Labour Court by the award impugned found that there was no violation of the provisions of Section 25-F of the Industrial Disputes Act, 1947 (hereinafter referred to as “the Act of 1947”) while terminating the petitioner from service on the count that he was not in continuous service of the employer as provided under Section 25-B of the said Act. 2 While giving challenge to the award impugned, the contention of learned counsel for the petitioner is that the Labour Court though found that there was no violation of the provisions of Section 25-F of the Act of 1947 but refused to adjudicate the issue with regard to violation of the provisions of Section 25-G of the Act of 1947. In reply to the writ petition, the stand of the respondents is that the petitioner was in employment of Awas Vikas Sansthan only for a period of three months and, therefore, no provision of Part-Vth of the Act of 1947 was having application in this case. Beside that, it is also contended by the respondents that Awas Vikas Sansthan has already been abolished and, therefore, no relief of reinstatement can now be granted to the petitioner. Heard counsel for the parties. The contention of counsel for the petitioner is that the Labour Court should have adjudicated the question with regard to violation of provisions of Section 25-G of the Act of 1947, is having no substance as the petitioner was not found by the Labour Court in continuous service of the employer. A specific finding is given by the Labour Court that the petitioner workman remained in employment of Awas 3 Vikas Sansthan from 17.5.1994 to 31.8.1994 and as such he was not in continuous service. The term for which it is stated by the petitioner that he worked with Awas Vikas Sansthan through contractor was also not found correct as the employer denied the fact to utilise services of the petitioner even through contractor. The finding given by the Labour Court is based on sound appreciation of evidence and that cannot be said to be perverse. Such finding of fact given by the Labour Court does not warrant interference by this Court under Articles 226 and 227 of the Constitution of India. Beside above, it is the position admitted that Awas Vikas Sansthan, a society registered under the Societies Registration Act, 1958 is no more in existence because of its dissolution, as such the Court, at this stage cannot direct or issue a mandamus to the employer reinstate the workman. For the reasons above, the petition for writ lacks merit and, therefore, the same is dismissed. ( GOVIND MATHUR ),J. Kkm/ps.