CHIEF CONSERVATOR OF FOREST Vs. ASHOK N PANDYA

JUDGEMENT

(1.) This Appeal preferred under Clause 15 of the Letters Patent arises from the order dated March 21, 1997 passed by the learned single Judge in the above Special Civil Application No. 5350/1994.

(2.) The Respondents writ Petitioners are employed under the Forest Department of the State of Gujarat. The Petitioners are engaged by the Appellant No. 3 Range Forest Officer on daily wages for maintenance of nursery and forest area in the district Bhavnagar. The Petitioners claimed that they were engaged as 5 daily wage employees from 3 to 20 years and that they were entitled to the benefit of semi-permanent service benefits conferred under the Resolution dated October 17, 1988 passed by the State of Gujarat in its Roads and Buildings Department. Learned single Judge, under the impugned order dated March 21, 1997, following the common judgment dated March 4, 1996 passed by a learned single Judge in group of petitions, allowed the petition. Learned single Judge held that the Petitioners were entitled to the benefit under the above mentioned Government Resolution dated October 17, 1988. Therefore, the present Appeal.

(3.) Learned Assistant Government Pleader Ms. Nair has appeared for the Appellants. She has submitted that the questions whether or not the Department of Forest of the Government of Gujarat is an industry within the meaning of Section 2(j) of the Industrial Disputes Act, 1947 and whether or not such employees are entitled to the benefit under the Government Resolution dated October 17, 1988 are set at rest by the judgment of the Full Bench of this Court in the matter of Gujarat Forest Producers, Gatherers and Forest Workers Union v. State of Gujarat, 2004 2 GLH 302.