STATE OF GUJARAT Vs. VASTAJI HAJURJI THAKORE

JUDGEMENT

(1.) Respondent is served. None appears on his behalf, nor any advocate has been engaged nor any counter affidavit has been filed. As such, Shri RV Desai, learned AGP has been heard on admission, as well as, on final disposal of this petition. In the absence of the respondent, the petition can be finally disposed of at the admission stage.

(2.) The brief facts are that the respondent was employed as Daily Wager Watchman in the Forest Expansion Range, Patan. The grievance of the respondent was that he was illegally terminated from services, whereas, the stand of the petitioner was that the respondent had left the job on his own accord. The matter was taken before the Labour Court, Kalol. The Labour Court, Kalol, in its award dated 12-1-2000 Annexure-'A' to the petition directed the petitioner to reinstate the respondent and to pay backwages with effect from 22-2-1996. It is this award which is under challenge.

(3.) Shri RV Desai, learned AGP has contended that the Forest Department is not an industry, hence, the provisions of Industrial Disputes Act are not attracted. This plea was taken before the Labour Court, but it was not answered. Another contention has been that it is not a case of termination of service of employee respondent, rather the respondent had left the employment on his own accord. Another contention is that the respondent did not compete 240 days, hence also, he was not entitled to any relief.