1 S.B.CIVIL WRIT PETITION NO.1402/2003 State of Rajasthan Vs. Khema Ram Panwar Date of Order :: 23.10.2008 HON'BLE MR. JUSTICE GOVIND MATHUR Mr. A.S. Rathore, for the petitioner. Mr. Vijay Mehta, for the respondent-workman. ... By this petition for writ a challenge is given to the award dated 28.9.2002 passed by the labour court, Jodhpur in Industrial Dispute No.128/2000. The appropriate government by its notification dated 18.4.2000 referred the industrial dispute for its adjudication in the terms that whether the termination of workman Sh. Khemaram Panwar S/o Sh. Rajaram w.e.f. 16.3.1988 by the employer Executive Officer, Irrigation Division, Sanchore and and Assistant Engineer, Sub-Division Irrigation, Sanchore is just and valid? If not, then for what relief the workman is entitled? Learned labour court while answering the reference held that the workman remained in service of the employer continuously for a period of more than one year and therefore his termination from service was illegal being in violation of the mandatory condition precedent for a valid retrenchment. While assailing the award aforesaid the contention of learned counsel for the petitioner is that the labour court failed to 2 appreciate that the workman was engaged in famine relief and as such in view of the Rajasthan Famine Relief Works Employees (Exemption From Labour Laws) Act, 1964 the Industrial Disputes Act is having no application. I do not find any substance in the argument advanced. Learned labour court after considering the material available on record gave a specific finding that the workman was not engaged in famine relief and as such, the Industrial Disputes Act is having absolute application. The award impugned does not suffer from any error 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 '