- (1.) MEANINGFUL question that re -requires my consideration in the instant Writ petition is whether Forest Department of the state of Rajasthan is an "industry" within the meaning of Section 2(j) of Industrial Disputes Act, 1947 (for short 1947 Act). If this question is answered in affirmative I would Be required to consider whether the directions issued in the impugned award need my interference.
(2.) BEFORE proceeding further it would be opposite to mention the question that the forest Department is not an 'industry' was not raised before the Labour Court but looking to the importance of the question, I allow this point to be agitated.
(3.) IT would be useful at this juncture to refer to the observations of the Bench of Hon'ble three Judges of the Supreme Court in Chief Conservator of Forest v. Jagannath Maruti Kondhare (1996) 2 SCC 293 : (1996 Lab IC 967) indicated in Paras 7, 15, 16 and 17 of the Judgment, which read as under - "7. As per the Bangalore Water Supply case (1978) 2 SCC 213 : (1978 Lab IC 467 and 778) sovereign functions "strictly understood" alone qualify for exemption, and not the welfare activities or economic adventures undertaken by the Government. This is not all. A rider has been added that even in the departments discharging sovereign functions, if there are units which are industries and they are substantially severable, then they can be considered to be an industry. As to which activities of the Government could be called sovereign functions strictly understood, has not been spelt out in the aforesaid case. A perusal of the affidavit filed by the Chief Conservator of Forests on 5 -12 -1992, pursuant to our order of 6 -11 -1992, shows that the Panchgaon Parwati Scheme was framed as per the Government Resolution based on the policy -decision taken in April 1976. The Scheme was to be initially for a period of 5 years and an area of about 245 hectares situated on a hill plateau on the southern outskirts and within easy access of Pune City was selected for creation of a park under bioaesthetic development for the benefit of the urban population. It is further stated that the scheme was "primarily intended to fulfil bioaesthetic. recreational and educational aspirations of the people which will have inestimable indirect benefit of producing enlightened generation of conservationists of nature inclusive of forests and wildlife for the future". (P. 137). The affidavit goes on to state (at p. 138) that the Pune Forest Division is also doing afforestation for soil/moisture conservation under various State -level schemes as well as Employment Guarantee Schemes all of which are for a period of 5 years.;