1 S.B.CIVIL WRIT PETITION NO.2909/2008 Murlidhar Bhati v. The Asstt.Engineer, PHED, Sri Kolayat, Bikaner & Ors. Date of Order :: 16 th December, 2008 HON'BLE MR.JUSTICE GOVIND MATHUR Mr. D.K.Parihar, for the petitioner. Mr. N.K.Mehta, for the respondents. .... By this petition for writ a challenge is given to the award dated 10.8.2007 passed by the Labour Court, Bikaner in Industrial Disputes No.53/1997. The appropriate government under its notification dated 29.5.1997 referred an industrial dispute for its adjudication to the Labour Court, Bikaner in the terms that “whether termination of workman Shri Murlidhar Bhati by the employer Assistant Engineer, Public Health & Engineering Department, Sri Kolayat, Bikaner w.e.f. 6.9.1992 is just and valid? If not, then for what relief the workman is entitled?” The Labour Court on basis of the evidence available on record and by relying upon the statement of the workman himself that he stopped working on duties due to non-payment of wages and due to non-availability of residential accommodation, held that the termination of the workman was not illegal. While assailing validity of the order aforesaid the contention of counsel for the petitioner 2 is that the Labour Court failed to appreciate that in the event of non-payment of wages a workman is having no option but to disassociate himself from service. I do not find any substance in the argument advanced. A workman, if not receiving wages, he may avail appropriate legal course for redressal of his grievance but discontinuation from service on that count cannot be treated as termination. As such the award impugned is having no error that may warrant interference of this Court under Articles 226 and 227 of the Constitution of India. The petition for writ is accordingly dismissed. ( GOVIND MATHUR ),J. kkm/ps.