1 S.B.CIVIL WRIT PETITION NO.489/1998 Vikas Adhikari, Panchayat Samiti, Ratangarh versus Bhanwar Lal & Anr. Date of Order :: 20 th May, 2008 HON'BLE MR.JUSTICE GOVIND MATHUR Mr. Alkesh Agarwal, for the petitioner. Mr. N.R.Goswami, for the respondents. .... By this petition for writ a challenge is given by the petitioner to the award dated 23.7.1997 passed by the learned labour court, Bikaner in labour case No.5/93 and its notification dated 12.11.1997 published by the appropriate government under Section 17 of the Industrial Disputes Act, 1947. The labour court by the award impugned dated 23.7.1997 reached at the conclusions that the respondent-workman was in the continuous service of the respondents and he was retrenched from service without adhering mandatory conditions precedent as prescribed under Section 25(F) of the Act of 1947. The challenge is given by the petitioner-employer to the award on the count that the petitioner was employed under Jawahar Rozgar Scheme and his appointment was term appointment and therefore, his dis-continuation from service is not retrenchment as defined under Section 2(oo) of the Act of 1947. 2 Heard counsel for the petitioner as well as counsel for the respondents. Learned labour court after considering the evidence available on record reached at the conclusion that the appointment to the petitioner was not given under the Jawahar Rozgar Scheme. Labour court's above finding is based on the sound appreciation of evidence. Labour court also gave a specific finding that discontinuation of the petitioner from services is illegal and against the law as admittedly no procedure for effecting retrenchment was followed. The findings given by the court are neither perverse nor in violation of any provision of law. I do not find any reason to interfere with the finding given by the court below while exercising powers under Article 226 and 227 of the Constitution of India. The writ petition therefore stands dismissed. ( GOVIND MATHUR ),J. kkm/ps.