STATE OF GUJARAT Vs. JUGAJI DHULAJI THAKOR

JUDGEMENT

(1.) Admit. Ms.Reena Kamani, learned advocate waives service of notice of admission on behalf of respondents.

(2.) At the outset, the sole contention raised by learned AGP before us is that though the issue of the appellant - Deendayal Institute of Survey and Revenue Administration, being not an industry, was raised before the Labour Court and before the learned Single Judge also, the same is not dealt with. It is urged that hence; the matters may be remanded to the Labour Court for determining the same.

(3.) Thus, the preliminary issue was raised by the appellant - Institute relating to the jurisdiction of the Labour Court in entertaining the dispute, since the Institute does not fall within the definition of "Industry". However, the Labour Court has not dealt with the said issue and passed the award directing the appellant - Institute to reinstate the respondents in service with continuity and 50% back wages. Before the learned Single Judge, a specific contention was also raised in this regard however, the learned Single Judge has recorded that since before the Labour Court, no such contention was raised, the same cannot be raised hence, the writ petitions challenging the awards was rejected in limine without issuance of any notice to the workmen. The same has given rise to the present appeals.