Vineet Kothari,J. - (1.)The present Letters Patent Appeal is directed against the order dated 04.07.2011 whereby the learned Single Judge (Coram: Ravi R. Tripathi, J.) dismissed the writ petition being Special Civil Application No. 7024 of 2011 filed by the Petitioners Workmen.
(2.)The Appellants / Petitioners claimed benefit of retrenchment as their services were terminated without compliance of Section 25F of the Industrial Disputes Act, 1947. Though the learned Labour Court decided the said issue in their favour that they were working for 240 days in each year, but refused to grant relief on the ground that 'Forest Department' was not an 'Industry' within the meaning of Section 2(2)(j) of the Industrial Disputes Act and they were not entitled to be reinstated on their original post by passing an Award dated 29.11.2010 by the learned Labour Court, Ahmedabad in Reference (LCA) No. 610 of 1998 - Chief Conservator of Forest vs. Kamshibhai Raghabhai & Others .
(3.)The learned Single Judge also dismissed the petition while referring to the Full Bench Decision of this Court in case of Gujarat Forest Producers, Gatherers & Forest Workers Union vs. State of Gujarat , 2004 2 GLR 1488 which was in favour of workmen. Though the Appellants were working as Daily Wagers / Watchmen , it appears that the learned Single Judge has unfortunately assumed them as doing same clerical work and that is why the learned Single Judge has not applied the case of Bangalore Water Supply & Sewerage Board vs. A. Rajappa,1978 2 SCR 213 to this case.