DEVRAJ GUPTA Vs. STATE OF CHHATTISGARH AND ORS.

JUDGEMENT

(1.) The petitioner has called in question the impugned award passed by the Labour Court, Raigarh whereby reference under Section 10 of the Industrial Disputes Act, 1947 (henceforth 'the Act') has been decided against him on the ground that the petitioner being an employee of the Forest Department, in view of the law laid down by the Supreme Court in the matter of State of Gujarat and others Vs. Pratamsingh Narsinh Parmar, 2001 9 SCC 713, the forest department not being an industry, the Labour Court has no jurisdiction to adjudicate the matter.

(2.) The petitioner was daily wage class-IV employee and worked in different capacities like Peon, Watchman, etc. in the Raigarh Forest Division from the year 1985 till February, 2000. The petitioner alleged that he has been retrenched in contravention of the provisions contained under Section 25-F of the Act, therefore, he is entitled for reinstatement as he has completed more than 240 days of service in the immediate preceding calender year from the date of retrenchment.

(3.) The Two Judges Bench of the Supreme Court in the matter of Pratamsingh Narsinh Parmar doubted the correctness of the earlier Constitution Bench judgment of the Supreme Court in the matter of Bangalore Water Supply & Sewerage Board Vs. A. Rajappa and others, 1978 2 SCC 213. In the subsequent Constitution Bench judgment of the Supreme Court in the matter of State of U.P. Vs. Jai Bir Singh, 2005 5 SCC 1, need for reconsidering the judgment in the matter of Bangalore Water Supply & Sewerage Board was felt and since thereafter the matter is pending before the Larger Bench. The following has been held in the last two paragraphs of Jai Bir Singh :-