1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.8196/09 Executive Officer & Anr. vs. Babu Singh & Anr. Date of order : 17/7/2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Amit Sharma for Shri K.N. Gupta for the petitioner. ****** The Labour Court in its discretion instead of directing reinstatement granted a lump sum compensation of Rs.50,000/- considering the ratio of judgement of this Court in Vikas Adhikari vs. Judge, Labour Court-2007 (2) RLR 740. Contention of the learned counsel for the petitioner is that appointment of the respondent is illegal, because it was made on contractual basis and there was no provision for appointment on contractual basis. There is therefore no violation of Section 25-F of the Industrial Disputes Act. This argument would not be available to the petitioner because it is the petitioner Municipal Board itself which appointed the respondent and for the purpose of deciding, whether or not there was violation of Section 25-F of the Industrial Disputes Act, 2 the Labour Court was merely required to see that if the workman has completed 240 days in the calender year immediately preceding the date of reinstatement. The Labour court was satisfied on that basis that there was indeed violation of Section 25-F. The writ petition is therefore dismissed as no merit. (MOHAMMAD RAFIQ), J. RS/