1. This petition has been filed against the judgment and award passed by the Labour Court, Junagadh in Reference (LCJ) No.135/1992 dated 19.01.2007 whereby, the said reference was rejected.
2. The facts in brief are that the petitioner herein was serving as a Labourer with the respondent-Department on monthly pay of Rs.650/-. It is the case of the petitioner that in spite of rendering about five years of service, the respondent orally terminated his services with effect from 24.11.1991. Being aggrieved by the said action, the petitioner raised a dispute, which culminated into a reference before the Labour Court. After hearing both the sides, the Labour Court rejected the reference by passing the impugned award. Hence, this petition.
3. Heard learned counsel for both the sides. The Labour Court rejected the reference mainly on the ground that the respondent herein could not be classified as an “industry”under the provisions of the Industrial Disputes Act, 1947. In the case of Gujarat Forest Producers, Gatherers and Forest Workers Union v. State of Gujarat, 2004 (2) GLH 302, the Full Bench of this Court held that the Forest Department cannot be branded as an “industry” u/s. 2(j) of the I.D. Act.
4. Keeping in mind the principle rendered in the said decision, I am of the opinion that the Court below has rightly rejected the reference of the petitioner.
5. Hence, I find no merits in the petition and the same is dismissed. Rule is discharged.
(K.S.JHAVERI, J.) PRAVIN