1 S.B. CIVIL WRIT PETITION NO. 4501/2008. CHAIRMAN, MUNICIPAL BOARD, BHINDAR VS. STATE OF RAJASTHAN & OTHERS DATE OF ORDER : 16.07.2008. HON'BLE MR. GOVIND MATHUR, J. Mr. Kailash Nath Joshi for the petitioner. By this petition for writ, a challenge is given to the award dated 16.02.2008 passed by the Labour Court, Udaipur answering the reference made to it by the appropriate government under the notification dated 11.11.2007 in the terms “ Whether the employer Municipal Board, Bhindar, district Udaipur rightly terminated the services of the workmen Shri Daulat Singh s/o Shri Angar Singh, Sampatlal Chobisa s/o Madhavlal Chobisa, Bhupendra Singh s/o Shri Kishan Singh Chauhan, Shankarlal Mehta s/o Shri Shri Jugal Kishore Mehta, Sohanlal s/o Shri Amritlal Chobisa, Shri Virendra Kumar s/o Shri Om Narayan w.e.f. 09.10.2005? If not, then for what relief the workmen are entitled?” While considering case of the respondent workmen S/Shri Sampat Lal, Bhupendra Singh and Shankar Lal, learned 2 Labour Court after considering the entire material available on record, gave a specific finding of fact that the workmen were employed as a daily rated employee in the year 1991, 1992 and 1990 respectively and they were in continuous employment of the employer up to 09.10.1995. A decision was taken by the Municipal Board for withdrawing the regular pay scale granted to the workmen and further to discontinue them from service. Before doing so, no notice was given and the procedure prescribed for retrenchment as per the provisions of Section 25- F of the Industrial Disputes Act, 1947 was also not adhered. As per learned counsel for the petitioner, the labour court failed to appreciate that the appointments of the respondent workmen were not as per law and their regularization were also made erroneously. I do not find any substance in the arguments advanced. It is not in dispute that the respondent workmen were in continuous employment of the petitioner employer as defined under Section 25-B of the Act of 1947 and, therefore, before discontinuing them from service, it was mandatory to adhere the provisions of Section 25-F of the Act of 1947. By the award impugned, whatever finding given by the labour court is based on adequate appreciation of the material available on 3 record and therefore, no error is committed that may warrant interference of this Court under Article 226 and 227 of the Constitution of India. The petition for writ, therefore, is dismissed. (GOVIND MATHUR)J. Anil/