SECRETARY TO GOVERNMENT DEPARTMENT OF FOREST ENVIRONMENT AND ECOLOGY, THE DEPUTY CONSERVATOR OF FOREST AND THE RANGE FOREST OFFICER Vs. B.V. RANGASWAMY REPRESENTED BY SRI. B.R. KUMAR PRESIDENT, KARNATAKA STATE GOVERNMENT DAILY WAGE WORKERS @RESP

JUDGEMENT

(1.) W .P. No. 45180/2012 is filed by the State and its authorities, calling in question the award dated 14th September 2011 of the Industrial Tribunal, Mysore, in Reference No. 131/2004 - Annexure -A insofar as it relates to the finding that the Department of Forest is an "industry" under Section 2(j) of the Industrial Disputes Act, 1947 (for short 'Act'), while W.P. No. 35893/2012 is filed by the workman against the very same award insofar as it relates to the direction to pay compensation of Rs. 1,25,000/ - in lieu of reinstatement and backwages and all other consequential benefits. Petitioner in W.P. No. 35893/2012 claiming to have been appointed as a Watcher (Forester) on daily rated basis, and worked continuously without any break in service, since 1983 in the respondent - Forest Department, at Hongere forest yard, when sought regularisation of service, was dismissed without any notice, by an oral order dated 15.1.2002. Petitioner alleging illegal termination initiated conciliation proceeding which, when resulted in a failure report, the State Government exercising its jurisdiction under the Act referred, for adjudication, the industrial dispute to the Industrial Tribunal at Mysore, registered as Reference No. 131/2004.

(2.) TO the claim statement filed by the workman, the respondent - State and its authorities filed a counter statement denying the allegations and contended that, the workman was not appointed as a Watcher, but was engaged during seasonal work, for planting fire control, etc., in the department, for some days in a year and had not worked continuously for 240 days in a year. In addition, it was contended that none of the co -employee alleged, were absorbed in service much less terminated from service. According to the respondent, workman did not report for work from 15.1.2002 hence, was not engaged. In addition, it was contended that, the Department of Forest was not an "industry" under Section 2of the 'Act'.

(3.) THE Industrial Tribunal by award impugned held that, the Forest Department was an "industry" and as the workman had worked continuously on daily rated basis since 1983, though in the absence of relevant material constituting substantial legal evidence of the fact of continuous service from 1983 onwards upto 2002, nevertheless directed payment of Rs. 1,25,000/ - as compensation in lieu of reinstatement, backwages and consequential benefits.