IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION NO. 17862 of 2006 FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE KS JHAVERI ================================================================
1 Whether Reporters of Local Papers may be allowed to see the judgment ?
2 To be referred to the Reporter or not ?
3 Whether their Lordships wish to see the fair copy of the judgment ?
4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ?
5 Whether it is to be circulated to the civil judge ?
================================================================ HUSAIN MAMAD LADKA Petitioner(s) Versus STATE OF GUJARAT & 1 Respondent(s) ================================================================ Appearance:
MR KIRTIDEV R DAVE, ADVOCATE for the Petitioner(s) No. 1 MR RAHUL K DAVE, ADVOCATE for the Petitioner(s) No. 1 MR KKASHYAP PUJARA AGP for the Respondent(s) No. 1 NOTICE SERVED for the Respondent(s) No. 1 - 2 RULE SERVED for the Respondent(s) No. 2 ================================================================
CORAM : HONOURABLE MR.JUSTICE KS JHAVERI
Date : 24/12/2012 ORAL JUDGMENT
1. The petitioner has challenged the order of the Labour Court, Kachchh dated 31.10.2004, whereby the Labour Court has refused to refer the matter to the Labour Court on the ground that Forest Department is not an "Industry" and, therefore, references against the the Forest Department are not maintainable.
2. The brief facts of the case are that the petitioner was working in the Forest Department under the control of Range Forest Officer, Adipur and his services were orally terminated w.e.f. 01.09.1995. Therefore, the petitioner preferred Special Civil Application No. 9734 of 1995, which was withdrawn vide order dated 09.02.1996. Thereafter, the petitioner preferred an appeal before the appropriate forum, which also came to be rejected. Therefore, the petitioner preferred raised a dispute which ultimately culminated into Reference before the Labour Court. However, the Labour Court vide order dated 31.10.2004 rejected the reference on the ground that the Forest Department is not an "Industry". Hence, this petition.
3. Heard learned counsel for the respective parties and perused the documents on record. In view of the Full Bench Decision rendered in the case of Gujarat Forest Producers, Gatherers & Forest Workers Union v. State of Gujarat reported in 2004 (2) G.L.H. 302, the Labour Court will decide the issue afresh keeping in mind the ratio laid down in the above decision. Therefore the order dated 31.10.2004 is quashed and set aside. The Labour Court will decide the issue within six months from the receipt of the order of this Court. Rule is made absolute to the aforesaid extent.
(K.S.JHAVERI, J.) /phalguni/