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STATE OF RAJ. v SMT.CHANDNA DEVI & ANR - SAW Case No. 0147 of 2006  RD-RJ 545 (29 March 2006)
IN THE HIGH COURT OF JUDICAUTE FOR RAJASTHAN AT
D.B. CIVIL SPECIAL APPEAL NO.DR(J)147/2006 [State of Rajasthan Vs. Smt. Chandna Devi & Anr.]
HON'BLE MR.JUSTICE RAJESH BALIA
HON'BLE MR. JUSTICE R.P. VYAS
Mr. L.R. Upadhyay, Dy. Government Advocate. _____
This appeal is directed against the judgment of learned Single Judge dated 16.12.2004 dismissing the writ petition filed by the appellant by which award of Labour Court dated 30th Sept., 2003 had been challenged.
The appeal is barred by 72 days.
No sufficient cause has been shown which could have prevented the appellant from filing the appeal within limitation. However, before dismissing the application only on this ground, we have examined the merit of the appeal also and we do not find any merit.
According to the appellant, the respondent workman was engaged as a part time
Cook in a hostel where about 25 wards are staying. The case of the respondent-workman was that she was discharging full duties of 8 hours every day by working 4 hours in the morning and 4 hours in the evening. The facts that in the hostel 25 students are there and the Cook has to prepare and serve the food at both times in the morning and in the evening also cannot be disputed.
Keeping in view these facts and other material available on record, the Labour Court found that she was discharging the duties as a whole time Cook and, therefore, she cannot be said to be a part time Cook only and she is discharging the duties since long.
In view thereof, the award was passed directing the respondents to consider the case of the petitioner by regularisation and if the workman's work is found satisfactory, she may be regularised and she may be given the benefit of regular pay scale.
The learned Single Judge did not find it fit to interfere with the award of Labour Court and dismissed the writ petition filed by the present appellant.
We are of the opinion that finding the respondent-workman was working as a whole time
Cook is a finding of fact and has rightly been not interfered by the learned Single Judge. So also keeping in view that the respondent-workman was working whole time since 1.9.1998 and is being paid a paltry sum of Rs.600/- per month, the directions given by the Labour Court in the dispute referred to it also cannot be said to be unjust or arbitrary or in any manner illegal.
In these circumstances, no interference can be called for in the award of Labour Court and the order of learned Single Judge.
In view of the aforesaid, the application under Section 5 as well as appeal are dismissed. [ R.P. VYAS ], J. [ RAJESH BALIA ], J. babulal/ 4
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