1 S.B.CIVIL WRIT PETITION NO.2689/2003 Bharat Singh VS. Labour Court & Ors. Date of Order :: 11.8.2008 HON'BLE MR. JUSTICE GOVIND MATHUR Mr. Vijay Mehta, for the petitioner. Mr. Rameshwar Dave, for the respondents. ... The labour court, Jodhpur while answering reference made to it by the appropriate government under a notification dated 10.9.1999 in the terms that, “whether termination of the workman Sh. Bharat Singh S/o Idan Singh, resident of Village – Rajasani, Post – Kherawas, Sojatcity, District -Pali by the Executive Engineer, PWD, Division Sojat City, Pali/Executive Engineer, PWD, Circle-III, Pali w.e.f. 1.2.1985 is just and proper? If not, then for what relief the workman is entitled?”, by the award impugned dated 14.1.2003 held that there was no violation of the provisions of Section 25H of the Industrial Disputes Act, 1947 on the ground that the petitioner-workman was claiming appointment to the post of Store Munshi whereas the subsequent appointments were made to the post of Gangman. The contention of learned counsel for the petitioner to challenge aforesaid is that the appointment should have been accorded to the petitioner on daily rate basis as a casual workman. As per counsel for 2 the petitioner the denial for appointment on the ground that appointment was sought on the post of Store Munshi is erroneous. I do not find any substance in the arguments advanced as the petitioner himself in his claim designated him as a Store Munshi, and therefore, his candidature was required to be considered on the post aforesaid. The non-consideration for appointment as Gangman or as casual employee is of no consequence. It is further relevant to note that the termination of the petitioner w.e.f. 1.2.1985 was subject matter of an industrial dispute that came to be decided on 26.12.1998, thus, the subsequent reference of the dispute itself was unwarranted. For the reasons referred above, no interference with the award impugned is required. The petition for writ, therefore, is dismissed. (GOVIND MATHUR), J. Jgoyal '