JUDGMENT 1. - Petitioners have challenged the award dated 22.7.2002 passed by 1 the Labour Court No. 1, Jaipur, by which, while holding the termination of services of the respondent No. 1 (the concerned workman) as illegal and unjustified, the concerned workman has been ordered to be reinstated without back wages. 2. After hearing counsel for the parties, I have carefully gone through the material on record as also the impugned award. 3. Miss Nimisha Sharma, learned counsel for the petitioners, with all vehemence at her command, while relying upon the judgment of the Supreme Court in the case of M/s. Essen Deinki v. Rajiv Kumar, reported as AIR 2003 SC 38 , has submitted that the burden of proving the work for more than 240 days have not been discharged by the concerned workman. The objection in regard to delay in raising the dispute has also been raised. 4. The learned Labour Court, on the basis of evidence and material on record, has come to a finding of fact that the concerned workman had worked for more than 240 days in the last 12 Calendar months, however, compliance of sections 25-F and 25-G of the Industrial Disputes Act, 1947 was not made before his termination. The Labour Court has also taken note of the fact that in spite of the directions issued by the Labour Court on the application filed by the concerned workman, neither muster rolls or other record was submitted by the petitioner department nor any affidavit in regard to non-availability of the record was also filed. Since the concerned workman had discharged his burden of proving the fact that he had completed more than 240 days, in absence of any record so summoned and not produced by the petitioner department, the Labour Court has rightly drawn adverse inference in this regard. Since it is a finding of fact and proper discretion been used by the Labour Court in not awarding back wages, in the facts and circumstances of the present case, I find no ground for any interference of this Court in the present matter.Accordingly, the writ petition is dismissed as having no merit.Writ Petition Dismissed. *******