1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL WRIT PETITION NO.550/2009 State of Rajasthan Versus Judge, Labour Court & another Date of order ::: May 08,2009 HON'BLE MR.JUSTICE PREM SHANKER ASOPA Mr.Gajanand Mishra `Manav', Dy.Govt.Counsel Mr.Deepak Goyal, for the respondent-workman. BY THE COURT (1) By this writ petition, the State has challenged the Award of the Labour Court dated 19.8.2008 whereby the Reference has been answered in the affirmative and the back wages have not been awarded. However, continuity of the service was ordered. (2) Submission of counsel for the petitioner is that the respondent-workman did not complete 240 days in the last preceding calendar year. (3) Counsel for the respondent-workman submits that the Labour Court in para 10 after appreciating evidence including the muster roll and other documents came to the conclusion that the petitioner had worked for 240 days during the last preceding calendar 2 year during the period between 26.8.1985 and 25.10.1986. Counsel further submits that the State has failed to comply with the mandatory provisions of Sec.25-F of the Industrial Disputes Act, 1947 which was rightly considered by the Labour Court in para 11 of the Award. (4) Counsel for the State has raised the issue of delay of ten years in submitting application for conciliation. (5) I have gone through record of the writ petition and further considered rival submission of counsel for the parties. (6) In my view, the finding recorded by the Labour Court in para 10 of the judgment of completion of 240 days in the last preceding calendar year is neither perverse nor arbitrary and further, the finding that mandatory provisions of Sec. 25-F of the Industrial Disputes Act, 1947 have not been followed, is also valid. No interference is called for in the writ petition. (7) The writ petition is dismissed. (PREM SHANKER ASOPA) J. Gopal