PRAVIN RAMJIBHAI MAKWANA Vs. MAHILA SAMAKHYA SOCEITY

JUDGEMENT

(1.) By way of this petition under Article 227 of the Constitution of India, the petitioner workman has prayed for appropriate writ, direction and order to quash and set aside the impugned judgment and award passed by the learned Presiding Officer, Labour Court, Rajkot dated 21.10.2004 passed in Reference (LCR) No. 426 of 1993, by which, the learned Labour Court has dismissed/rejected the said reference solely on the ground that respondent herein cannot be said to be an "industry" within the meaning of Section 2(J) of the Industrial Disputes Act, 1947 (hereinafter referred to as the "I.D. Act").

(2.) That the petitioner herein raised the industrial dispute by approaching the Assistant Labour Commissioner, Rajkot challenging his termination and for reinstatement in service. It was the case on behalf of the petitioner workman that he was working with the respondent as a Driver w.e.f. 11.6.1991 and his services terminated without following any due procedure of law and his services terminated illegally and therefore, it was prayed to direct the respondent to reinstate in service. That the dispute was referred to Labour Court, Rajkot which was numbered as Reference (LCR) No. 426 of 1993. That thereafter, the petitioner herein-workman submitted statement of claim, to which, respondent also submitted reply to the statement of claim/written statement. That thereafter, by impugned judgment and award, the learned Labour Court has dismissed/rejected the said Reference by observing that respondent cannot be said to be an "Industry" within the definition of Section 2(J) of the I.D. Act.

(3.) Shri Kishor Paul, learned advocate for the petitioner has vehemently submitted that learned Labour Court has materially erred in rejecting the Reference on the ground that respondent cannot be said to be an" Industry" within the meaning of Section 2(J) of the I.D. Act.