MANGI LAL BHAT Vs. JUDGE, LABOUR COURT CUM INDUSTRIAL TRIBUNAL, BIKANER AND ANOTHER
LAWS(RAJ)-2018-5-125
HIGH COURT OF RAJASTHAN
Decided on May 09,2018

Mangi Lal Bhat Appellant
VERSUS
Judge, Labour Court Cum Industrial Tribunal, Bikaner And Another Respondents

JUDGEMENT

ARUN BHANSALI,J. - (1.) This writ petition has been filed by the petitioner aggrieved against the award dated 25.09.2007 passed by the Labour Court, Bikaner, whereby the claim of the petitioner has been rejected by holding that the employer-the Forest Department is not an Industry within the meaning of Section 2(j) of the Industrial Disputes Act, 1947 ('the Act') and as the dispute was raised with delay, the petitioners were not entitled to any relief.
(2.) The dispute was referred by the appropriate Govt. to the Labour Court, Bikaner by order dated 28.01.1996 as to whether termination of services of the petitioner was justified and if not, to what relief he was entitled. Before the Tribunal, besides other pleas on merits, an objection was raised by the respondent-State that the Forest Department (the employer) was not an Industry. The Tribunal after hearing the parties, came to be conclusion that the respondent-department did not fall with the definition of 'Industry' as defined under Section 2(j) of the Act and rejected the claim.
(3.) It is submitted by learned counsel for the petitioner that the Labour Court committed an error in coming to the conclusion on the aspect of industry. It was submitted that this Court in the case of Shambhulal v. Deputy Forest Officer and Anr.: S.B. Civil Writ Petition No.4249/2007, decided on 15.04.2015 , in similar nature circumstance, where the Tribunal had rejected the claim holding the Forest Department as not an Industry, has reversed the findings on the issue and has remanded back the matter to the Tribunal for consideration on merits.;


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