S.B.CIVIL WRIT PETITION NO.4068/2006 Kanhaiyalal Patel Vs. State of Raj. & Ors. Date of Order :: 19.8.2008 HON'BLE MR. JUSTICE GOVIND MATHUR Mr. S.G. Ojha, for the petitioner. Mr. Rajesh Bhati, Dy. Govt. Counsel. ... By this petition for writ a challenge is given to the award dated 6.11.2003 passed by the labour court, Udaipur. By the award impugned learned labour court while holding termination of the petitioner workman bad allowed compensation in a tune of Rs.25,000/- in lieu of reinstatement. It is pointed out by learned counsel for the respondents that the labour court denied reinstatement in view of the fact that there was no sanctioned post of Cook against which the petitioner workman could have been reinstated. If there is no post available with the respondents and the workman remained in employment of the employer for a petty period in that event it is open for the labour court to award compensation in lieu of the reinstatement. As such, I do not find any error in the award impugned 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. Jgoyal '