STATE OF GUJARAT Vs. KARSANBHAI JESANG

JUDGEMENT

(1.) Heard Ms.Mita Panchal, learned Assistant Government Pleader on behalf of petitioner -State of Gujarat.

(2.) This matter came up for admission hearing before court on 11.6.2001 on which date, Rule was issued making by it returnable on 3.7.2001, and ad-interim relief, in terms of para 5(C) was granted till then. Thereafter, on 28.8.01, interim relief was extended upto 6.9.2001. From perusal of original record, it appears that ad-interim relief has not been extended thereafter. Not only that, no such request was made on behalf of the State for extension of ad- interim relief. From 7th September, 2001, the impugned award passed by the Labour Court, Surendranagar, was required to be implemented by the State of Gujarat because thereafter, no interim relief was continued and it came to an end on 6th September, 2001. This is the sorry state of affairs. This petition was admitted since the Government Pleader pointed out judgment dated 31.1.2001 of the Honourable Supreme Court passed in Civil Appeal No.1684 of 1998 in the case of State of Gujarat & others V/s. Pratamsingh Narsinh Parmar, whereby the Honourable Supreme Court held that 'forest' is not an 'industry'.

(3.) In the present petition, State of Gujarat has challenged the award dated 5.8.2000 passed by Labour Court, Surendranagar, in Reference (LCS) No.327 of 1992, mainly on the ground that the Forest Department is not an 'industry' and it is covered by decision of Honourable Supreme Court referred to above, the workman had not completed 240 days during any year and Labour Court had not given sufficient opportunity to petitioner for defending the case and to produce the evidence on record and passed the award without considering written statement filed by the petitioner. The workman had raised dispute after a period of 8 years and therefore, on ground of delay and latches, award is required to be set aside.