1 S.B.CIVIL WRIT PETITION NO.5172/2005 Bhanwarlal v. Labour Court, Jodhpur & Ors. Date of Order :: 10 th December, 2008 HON'BLE MR.JUSTICE GOVIND MATHUR Mr. Vijay Mehta, for the petitioner. Mr. Ashok Chhangani, for the respondents. .... By this petition for writ a challenge is given to the award dated 17.4.2003 passed by the Labour Court, Jodhpur in Industrial Dispute No.202/2000. The appropriate government by its notification dated 14.6.2000 referred an industrial dispute for its adjudication to the Labour Court in the terms that “whether termination of workman Bhanwarlal son of Shri Badrilal by the employer of the Director, Central Arid Zone Research Institute (CAZRI) w.e.f. 1.8.1985 was just and proper? If not, then for what relief the workman is entitled?” The Labour Court, after considering entire evidence available on record, reached at the conclusion that the workman failed to prove that he was in continuous employment of the employer as required under Section 25-B of the Industrial Disputes Act, 1947 (hereinafter referred to as “the Act of 1947”). A finding of fact is given by the Labour Court that the petitioner was neither in continuous service nor he was terminated from service on 1.8.1985. 2 While challenging the award aforesaid, it is contended that the Labour Court failed to appreciate that the workman was in employment since 1975 and there was nothing on record to substantiate that even after 1.1.1986 the workman continued with the employer. I have examined the award impugned and also the other record available. The finding given by the Labour Court is based on adequate appreciation of evidence and such finding of fact does not require any interference of this Court while exercising powers under Articles 226 and 227 of the Constitution of India. Accordingly, this petition for writ is dismissed. ( GOVIND MATHUR ),J. kkm/ps.