1 S.B. CIVIL WRIT PETITION NO.3545/2006 Mangu Singh vs State of Rajasthan & Ors. DATE OF ORDER : -24.1.2008 HON'BLE MR. PRAKASH TATIA, J. Mr.Pankaj Kumar Bohra,for the petitioner. Mr.Ashok Chhangani, for the respondent. Mr.SN Tiwari, Dy. GA for the respondent- State. <><><> Heard learned counsel for the parties. The petitioner has challenged the order of the State Government dated 29th March, 2004 (Annex.4) by which the State Government after recording finding on the merit of the claim of the petitioner and holding that the petitioner was appointed for fixed term for three months and petitioner worked for 44 days and, thereafter, he voluntarily did not turn on duty, rejected the petitioner's prayer for making reference. On the face of it, the order is wholly without jurisdiction as the State Government has no such power to decide the claim of the workman on merit. Learned counsel for the petitioner also relied upon the judgment delivered in the case of Rajendra Kumar Vs. Union of India & Ors reported in 2005(9) RDD 3757 (Raj.). In view of the above reasons, the writ petition of the petitioner is allowed. The order of the State 2 Government dated 29th March, 2004 is quashed and set aside and the State Government is directed to make reference to the labour court. (PRAKASH TATIA), J. c.p.Goyal/-