1 S.B. CIVIL WRIT PETITION NO.4705/2005 (Smt. Gavari Vs. Municipal Council & Anr.) Date of Order :: 15.07.2008 HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr.S.K. Pooniya, for the petitioner. Mr.Yashwant Mehta, for the respondents. Heard learned counsel for the petitioner. In this case, the petitioner is challenging the award dated 19th January, 2005 passed by the Judge, Labour Court whereby claim of the petitioner with regard to reinstatement of service has been refused and it has been held that his termination was valid as she did not complete 240 days. The finding of fact is not required to be interfered under Article 227 of the Constitution of India, therefore, writ petition is dismissed. However, the petitioner is claiming employment as sweeper. However, in my opinion, the prime duty of Municipal Council is to clean the city and for that purpose services of sweepers are required and municipality is engaging sweepers from time to time. In this view of the matter although the petitioner's termination was held to be valid by the Judge, Labour Court, 2 therefore, petitioner is not entitled for reinstatement, but in my opinion at the time of engaging fresh candidates for the post of sweeper, the case of petitioner may also be considered afresh. With these observations, the writ petition is disposed of. (GOPAL KRISHAN VYAS),J. A.K. Chouhan/-