STATE OF GUJARAT Vs. HIMMATSINH SABURBHAI BARIYA

JUDGEMENT

(1.) Heard Ms. Dhwani Tripathi, learned AGP for the applicants.

(2.) Feeling aggrieved and dissatisfied with the common judgment and order passed in Special Civil Application no. 14096/18 and allied Writ Petitions, the present appeal under Clause 15 of the Letters Patent is directed against the judgment rendered in Special Civil Application no.8815/19.

(3.) Writ Petition being Special Civil Application no. 8815/19 was filed by the appellants against the judgment and award passed by the learned Presiding Officer, Labour Court, Godhra in Reference (T) no.47/02 mainly on the ground that the workman did not work for more than 240 days at any point of time. It was also the case of the appellants that there was no violation of Sec. 25F, G and H of the Industrial Disputes Act (hereinafter referred to as "the Act"). The learned Single Judge examined the contentions raised by the appellants and relying upon the catena of decisions including the decision of the Full Bench has come to the conclusion that the appellant is an industry as defined under the Act and has dismissed the Writ Petition on the ground that there is breach of Ss. 25F, G and H and being aggrieved by the same, the present appeal is filed only in one Writ Petition. Upon inquiry the learned AGP informed this Court that in other matters, the appellant-State has not preferred any Letters Patent Appeal.