1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.4590/2010 Principal, Gauri Devi Government Women's College, Alwar vs. Ram Kishan Saini & Anr. Date of order : 12/4/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Anant Bhandari, Deputy Government Counsel for the petitioner. ****** Heard learned counsel for the petitioner. The Principal Gauri Devi Government Women's College, Alwar has come in a writ petition against the award of the Labour Court dated 31.3.2009 by which it has been required to pay to the respondent-workman benefits of regular pay scale and being declared regular in service after completion of two years from the date of initial appointment. Shri Anant Bhandari, learned counsel for the petitioner has argued that the learned Labour Court has failed to appreciate that the respondent-workman was engaged only as incharge of the school stand and that he was paid on daily wage basis out of the Students Welfare Fund. There was no relationship of 2 master and servant and that the judgment of this Court in Principal Doongarpur College, Bikaner vs. Mohd. Ali-2001 (3) WLN page 420 and Principal Doongarpur College, Bikaner vs. Om Prakash & Anr.-1998 (2) WLN 35 were wholly distinguishable and could not be applied to the case of the respondent- workman. It is contended that merely because the respondent was engaged as far as back on 30.9.1986 by itself not making the respondent entitle to be declared permanent in service. I have given my anxious consideration to the arguments advanced by learned counsel for the petitioner and perused the impugned judgement. The learned Labour Court on appreciation of evidence ultimately found that there did exist relationship of master and servant between the petitioners and the respondent- workman. The learned Labour Court found the issue raised before it squarely covered by the judgement in Mohd. Ali and Om Prakash, supra. In fact, in the case of Mohd. Ali, this Court did not accept the plea of payment of wages to the workman from the 3 amount of the Students Welfare Fund. If on actual working, the control and supervision over the working of the respondent-workman was with the Principal of the College, the students could not be deemed to be his employer. The similar view has been taken by this Court recently in the case of Malviya National Institute of Technology, Jaipur (Deemed University) vs. Malviya Regional Engineering College Mess Employees Union, Jaipur & Anr., S.B. Civil Writ Petition No.6119/1997 decided on 15.2.2010. I do not find any infirmity in the award passed by the learned Labour Court. The writ petition is dismissed. (MOHAMMAD RAFIQ), J. RS/