STATE OF RAJASTHAN Vs. KANHAIYA LAL

JUDGEMENT

(1.) THE State has come up by way of this writ petition challenging the Award of the Labour Court, Kota dated 21. 11. 1996 (Ann. 3) on the ground inter alia that as per the claim statement filed by respondent No. 1 workman, he was employed with the petitioner-Forest Department, Kota with effect from 1. 4. 1985 and was deputed to work under respondent No. 2. He has worked in Nursery Jalwara and Plantation Bajranggarh as Cattle Guard under petitioner No. 2 Regional Forest Officer Kishanganj (Kota ). He was removed from the services of petitioner No. 2 at the behest of petitioner No. 1.

(2.) IN his claim statement, the workman had averred that he had worked continuously from 1. 4. 1985 to 31. 3. 1989 and had completed more than 240 days of service.

(3.) I have heard the learned counsel for the parties and also perused the impugned Award of the Labour Court as also the material available on the record as well as the law on this aspect. Prima facie. I am of the considered opinion that the findings arrived at by the Labour Court are not open to challenge and since they have been recorded on due appreciation of evidence adduced before it. Since the Labour Court has recorded a positive finding that the workman had completed 240 days of service from the period 1. 4. 85 to 1. 4. 89 and also in regard to the fact that his removal from service has been admitted in cross-examination by the departmental witnesses namely, Gajanand and Bharmal Suman, it is in the back-drop and the above background that the following question under Sec. 10 (1) (c) of the Act has been referred by the State Govt. to the Labour Court vide its Notification dated 16. 11. 93:-