NAVSARI DISTRICT PANCHAYAT Vs. SUMANBHAI MORARBHAI PATEL

JUDGEMENT

(1.) Heard Mr.M.G.Doshit, learned advocate appearing on behalf of the petitioner and Mr.K.M.Pandit, learned advocate for respondent No.1 - workman as well as Mr.H.D. Dave, learned AGP for respondent No.2.

(2.) The petitioner has challenged the award dated 28th January, 2000 passed by the Labour Court, Navsari in Reference [LCN] No.28/ 1985 wherein, the labour court has set aside the termination order and granted reinstatement with continuity of service with 50 % backwages of interim period. Learned advocate Mr.Doshit on behalf of the petitioner has mainly raised two contentions before this Court. The first contention is the Panchayat is sovereign function of the State and therefore, Industrial Disputes Act is not applicable to the petitioner. The second contention is that the respondent workman has an alternative effective statutory remedy of an Appeal available under the provisions of Section 11 of the Gujarat Civil Services Tribunal Act, 1972 but the workman has not availed such remedy and therefore, the Reference is bad and the Labour Court has committed gross error in passing such award which is without jurisdiction. Mr.Doshit, learned advocate has also relied on the decision of the Apex Court, wherein the Forest Department has not been considered as an industry but the function of the Forest Department is considered to be sovereign of the State.

(3.) Learned advocate Mr.Pandit on behalf of the respondent workman has submitted that initially the respondent workman was working in Health Department with the District Panchayat Valsad but later on when the Reference was raised, he was working with the Navsari District Panchayat. Mr.Pandit, learned advocate has relied on the decision of the Apex Court in case of Nagpur Corporation vs. Its Employees reported in AIR 1960 SC 675, wherein the Apex Court has held that Department of Panchayat is an industry and the provisions of the Industrial Dispute Act, 1947 are applicable to the Panchayat and therefore, Mr.Pandit submits that even for the Health Department of the District Panchayat, the provisions of the I.D.Act would be applicable and therefore, the award passed by the labour court, impugned in this petition is just and proper and there requires no interference by this Court while exercising the powers under Article 226 and 227 of the Constitution of India.