The High Court dismissed a special appeal filed by a workman against the Single Bench's dismissal of his writ petition. The Court upheld the Labour Court's finding that no evidence was available to establish the appellant's employment with the Department of Forest.
The special appeal was dismissed as it was devoid of merits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
J U D G M E N T
D.B. CIVIL SPECIAL APPEAL (WRIT) NO.482/2006
Bhanwar Lal Versus
Labour Court, Jodhpur & Anr.
Date of Judgment :: 24.02.2015
PRESENT
HON'BLE MR. JUSTICE GOVIND MATHUR HON'BLE MISS JUSTICE JAISHREE THAKUR
Mr. Vijay Mehta for the appellant
BY THE COURT :
By the judgment dated 23.05.2006, learned Single Bench dismissed the petition for writ preferred by the appellant-workman questioning correctness of the award dated 20.10.2003 passed by the Labour Court, Jodhpur. The Single Bench after considering the award impugned and the material available on record arrived at the conclusion that the Labour Court rightly held that the workman failed to establish his employment with the respondent-Department of Forest.
In appeal, the argument advanced by learned counsel for the appellant-workman is that the courts below erred while not taking into consideration the payment made to
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the workman for the period he served the employer, i.e. from 11.10.1995 to 25.06.1996.
Having considered the argument advanced, judgment impugned as well as the award impugned and other material available on record, we do not find any wrong with the judgment impugned that may warrant interference by us in appellate jurisdiction. Learned Labour Court by examining whatever material available on record held that service of appellant Mr. Bhanwar Lal was utilized for typing purposes, but no evidence was available to establish that he ever remained in employment of the Department of Forest. The finding given by the Labour Court is based on adequate appreciation of facts and as such, learned Single Bench rightly refused to interfere with the same.
The appeal, being devoid of merits, is dismissed.
[JAISHREE THAKUR], J. [GOV IND MATHUR], J.
Pramod
2 issues framed by the court
Whether the High Court should interfere with the Single Bench judgment dismissing the workman's petition regarding non-recognition of employment.
Whether the Labour Court's finding that no evidence established the workman's employment with the Department of Forest was correct.
Bhanwar Lal
Department of Forest
Labour Court, Jodhpur
Govind Mathur
Jaishree Thakur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
