1 D.B. CIVIL SPECIAL APPEAL (W) NO.475/2007 Harish Chand Vs. The Labour Judge, Labour Court, Bikaner & Ors. Date : 9.7.2007 PRESENT HON'BLE ACTING CHIEF JUSTICE MR. RAJESH BALIA HON'BLE MR. JUSTICE MAHESH CHANDRA SHARMA Mr. B.K. Vyas for the appellant. ----- Having heard learned counsel for the appellant we do not find any merit in this appeal. The petitioner has raised an industrial dispute alleging that he was appointed as a class IV servant on daily wages in 1991 and by oral order in 2001 his services were terminated without compliance of the provisions of the Industrial Disputes Act and there being no complaint against him and no disciplinary enquiry, the termination of his service in 2001 was made. The dispute having been referred to the Labour Court, Bikaner the claim was raised on the aforesaid basis before the labour Court. 2 The respondent employer pleaded that the appellant had been appointed only as a part time Water Procurer for two hours for which he was paid Rs.30/- per month. The water service to the students was not required from him as the students of the school have been helping themselves for drinking water. It was clearly stated that in July 1992, the services of the petitioner were not required and the same were brought to an end and thereafter no claim was ever raised until 2001. The petitioner has raised this claim and no termination order in fact has taken place in 2001. The workman in his cross-examination has stated that it is correct that his services were terminated in 1992 and prior to 2001 he had not raised any dispute either about the wages having not been paid since then or about the termination having been effected in 1992. Relying on this statement, the award was passed by the Tribunal against the workman holding that the termination of the petitioner did not take place in 2001 and, therefore, he was employed initially only for 2 hours per day and his services were terminated by 3 the respondents in 1992. Aggrieved with the aforesaid award, the workman has preferred the writ petition before this Court which has been dismissed by judgment under appeal. Having heard learned counsel for the appellant and perused the statement, no exception can be taken to the finding reached by the Labour Court that the petitioner's services as a part time were brought to an end in 1992 and he was not in service in 2001. The question of terminating the services in 2001 did not arise. The appeal, therefore, fails and is hereby dismissed in limine. [MAHESH CHANDRA SHARMA],J. [RAJESH BALIA], Actg.C.J. babulal/