STATE OF GUJARAT Vs. SABURBHAI UMALABHAI MAVI

JUDGEMENT

(1.) By judgment and award dated 16.2.2008, the Labour Court, Godhra decided Reference (LCG) No. 813 of 2001, which was upon remand of the proceedings. It thereby directed the petitioner to reinstate the respondent-workman on his original post with continuity of service, but without backwages, awarding Rs. 500/- towards cost. It is against this judgment and award that State of Gujarat through the Range Forest Officer, Normal Range, Dahod, filed the present petition.

(2.) Heard learned Assistant Government Pleader Ms. Jyoti Bhatt for the petitioner and learned advocate Mr. D.J. Trivedi for the respondent-workman.

(3.) Thus it was on the issue whether engagement of the workman was in an "industry", the matter was remanded by this Court. It was in the background of a plea taken initially by the petitioner herein that the workman was not employed in industry. Since it was assertion of the petitioner, primary burden of proof was on the petitioner to discharge. In the first round of litigation, despite such a plea having been taken, the State did not produce any material in support.