1 S.B. CIVIL WRIT PETITION NO. 4243/2008. (STATE OF RAJASTHAN VS. SMT. GURMEET KAUR & ANR.) DATE OF ORDER : 18.07.2008. HON'BLE MR. GOVIND MATHUR, J. Mr. Shyam Sunder Ladrecha for the petitioner. By this petition for writ, a challenge is given to the award dated 12.04.2007 passed by the Labour Court, Sri Ganganagar answering the reference made to it by the appropriate government on 14.12.2004 in the terms “Whether termination of applicant workman Smt. Gurmeet Kaur d/o Shri Pragat Singh resident of 2 FFA from the post of Aanganwadi Karyakarta by the Child Development Project Officer, Sri Karanpur under the order dated 17.06.2003 is legal and proper? If not, then for what relief, the workman is entitled?” The contention of the learned counsel for the petitioner is that the labour court failed to appreciate that the respondent workman was remaining absent from the duties and, therefore, the employer was having no option but to discontinue from service under the order dated 17.06.2003. 2 I do not find any substance in the arguments advanced. If the petitioner was absent from duties, the appropriate course before the employer was to take disciplinary action against her and in no manner she could have been discontinued from service by terminating simplycitor. Learned trial court has given specific finding that the respondent workman was in continuous employment of the employer and her retrenchment was admittedly made without adhering mandatory condition precedents for a valid retrenchment as provided under Section 25-F of the Act. The petition for writ, therefore, is having no merit, same is dismissed. (GOVIND MATHUR)J. Anil/