1 S.B. CIVIL WRIT PETITION NO.4500/2008. THE EXECUTIVE OFFICER, MUNICIPAL BOARD, BHINDAR VS. NATHULAL AND 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, validity, correctness and propriety of the award dated 30.04.2008 passed by the Labour Court, Udaipur is challenged. The appropriate government under its notification dated 04.08.2000 referred an industrial dispute to the labour court for its adjudication in the terms “whether termination of workman Shri Nathulal s/o Devaji by the employer Executive Officer, Municipal Board, Bhindar, district Udaipur w.e.f. 31.03.1989 is just and proper? If not, then for what relief, the workman is entitled? During pendency of the adjudication of this dispute, workman Shri Nathulal died and, therefore, the dispute was pursued by Smt.Mohan Bai wife of the workman. Learned labour court after considering the entire material available on record, held that the termination of the workman was nothing but retrenchment effected without adhering the mandatory condition precedents to do so. The 2 labour court allowed a compensation in a tune of Rs.40,000/- to Smt. Mohan Bai. The contention of learned counsel for the petitioner, while giving challenge to the award aforesaid, is that the court below erred while reaching at the conclusion that the workman was in continuous service of the employer. I have examined the award impugned. The labour court on basis of the evidence adduced by the parties, reached at the conclusion that the appointment was given to workman Nathulal on 20.04.1993 and he remained in continuous service of the employer uptill his retrenchment. It is also held that the retrenchment was effected without adhering the provisions of Section 25-F of the Act of the Industrial Disputes Act. The findings given by the labour court are based on sound appreciation of evidence available on record. No error is committed by the employer 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/