(1.) This petition under Article 227 of the Constitution of India is filed challenging award dtd. 21/12/2009 by the Presiding Officer, Labour Court, Junagadh in Reference (LCJ) No.121 of 2000.
(2.) Learned Advocate for the petitioner at the outset submitted that the petition be dealt with on the limited ground that the Reference of the petitioner was rejected only on the ground that the respondent is a Forest Department and it cannot be treated as an industry. Therefore, such finding is contrary to the decision of the Full Bench of this Court in case of Gujarat Forest Producers, Gatherers & Forest Workers Union Vs. State of Gujarat, reported in 2004 (2) GLR, 1488. It is therefore prayed that on this ground, the matter may be remanded back for considering the case of the the petitioner on merits.
(3.) Learned AGP submitted that apparently, the award is passed rejecting the Reference by holding that if the Forest Department is not an 'industry' and he therefore cannot controvert that this aspect is against the decision of the Full Bench in case of Gujarat Forest Producers, Gatherers & Forest Workers Union (supra).