This is an application for review of judgment and order passed by this Court dated 27th February, 2012 in SCA No. 1456 of 2003 at the instance of original respondent No.1. Learned Advocate Mr. V.M. Dhotre contended that there is an error apparent on the face of the order, inasmuch as this Court could not have remitted the matter to the Labour Court for the purpose of deciding as to whether the original petitioner - Maharashtra Shikshan Mandal, a charitable trust, registered under the Bombay Public Trusts Act, 1950 falls within the ambit of the term "industry" as defined under Section 2(j) of the ID Act, 1947 and whether the respondent is a "workman" as defined under Section 2(s) of the ID Act, 1947, by relying on a Full Bench decision of this Court in the case of Gujarat Forest Producers, Gatherers and Forest Workers Union Vs. State of Gujarat, reported in 2004 (2) GLH 302.
I do not find any merit in the contention of learned Advocate Mr. Dhotre in this regard. No palpable error can be said to have been apparent on the face of the judgment warranting any review as prayed for. Under the circumstances, this application is rejected. However, there shall be no order as to costs.
ORDER BELOW SCA No. 1456 of 2003:
Office is directed to call for the report of the concerned Labour Court as to why the directions as issued by this Court in judgment and order dated 27.2.2012 passed in SCA No. 1456 of 2003 has not been complied with. Let the matter be placed before this Court on receipt of the reply.