GANPATSINH DHIRSINH DODIA Vs. SUB-PROVISIONAL OFFICER

JUDGEMENT

(1.) By way of this petition under Article 227 of the Constitution of India the petitioner-workman has prayed for an appropriate writ, order or direction to quash and set aside the impugned judgment and award passed by the learned Presiding Officer, Labour Court No.1, Bharuch dated 21/12/2004 in Reference No.100/1992 by which the learned Labour Court has dismissed / rejected the said Reference solely on the ground that respondent-Gujarat Pollution Control Board is not an 'Industry within the meaning of Section 2(j) of the Industrial Disputes Act'.

(2.) The petitioner-workman, who was working with the respondent-Board, raised an industrial dispute challenging the illegal termination alleging inter alia that there was breach of Section 25(f) of the Industrial Disputes Act. The dispute was referred to the learned Labour Court, Bharuch for its adjudication and by the impugned judgment and award the learned Presiding Officer, Labour Court, Bharuch dismissed / rejected the said Reference solely on the ground that the respondent-Board is not an "industry" within the meaning of Section 2(j) of the Industrial Disputes Act.

(3.) Ms. Rena Kamani, learned advocate appearing for Shri P.H. Pathak, learned advocate appearing on behalf of the petitioner has submitted that the learned Labour Court has materially erred in rejecting the Reference on the ground that the respondent-Board is not an "industry" withing the meaning of Section 2(j) of the Industrial Disputes Act. It is submitted that looking to the activities of the respondent-Board, which is borne out from the record and / or evidence on record, the learned Labour Court has materially erred in holding that the respondent-Board is not an "industry" within the meaning of Section 2(j) of the Industrial Disputes Act. It is submitted that in number of cases the learned Labour Court has entertained the Reference against the respondent-Board and has adjudicated the dispute on merits. It is submitted that therefore in the facts and circumstances of the case the learned Labour Court has materially erred in holding that the respondent-Board is not an 'industry within the meaning of Section 2(j) of the Industrial Disputes Act' and, therefore, it is requested to allow the present Special Civil Application and quash and set aside the impugned and award and remand the matter to the learned Labour Court to decide the Reference afresh in accordance with law and on its own merits.