Rajasthan High Court - Jodhpur
Bhawar Lal vs Judge I.T. Cum Labour Court Jod. & Ors on 28 October, 2009
Author: N P Gupta
Bench: N P Gupta
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
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CIVIL WRIT No. 2821 of 2008
BHAWAR LAL
V/S
JUDGE I.T. CUM LABOUR COURT JOD. & ORS
Ms. KUSUM RAO, for the appellant / petitioner
Mr. LOKESH MATHUR for Mr. VK MATHUR, for the respondent
Date of Order : 28.10.2009
HON'BLE SHRI N P GUPTA,J.
ORDER
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Heard learned counsel for the petitioner, and perused the impugned award and the documents annexed with the writ petition.
The question as to whether the workman has worked for 240 days, or not is essentially a question of fact, and learned Labour Court after appreciating the material including oral evidence has categorically disbelieved the version of the petitioner. I was again taken through the documents being the payment vouchers, and copies of the cash books which also in my view does not show the petitioner to have worked continuously for 240 days during the relevant period at best they show payment of wages for couple of months.
In such circumstances, it cannot be said that the finding of fact recorded by the learned Labour Court are vitiated on the grounds available under Article 226.
The writ petition has no force and the same is, therefore, dismissed summarily.
( N P GUPTA ),J.
/Sushil/