LAWS(GJH)-2009-2-320

RAMBHAI RANABHAI SAVDHARIA Vs. RANGE FOREST OFFICER

Decided On February 03, 2009
Rambhai Ranabhai Savdharia Appellant
V/S
RANGE FOREST OFFICER Respondents

JUDGEMENT

(1.) THE petitioner has brought under challenge award dated 1.12 2007 passed by the learned Labour Court, Rajkot in Reference (LCR) No. 232 of 1994 whereby the learned Labour Court has rejected the reference and declined to grant any relief as prayed for by the present petitioner -workman.

(2.) TODAY , in the first sitting when the matter was called out, a request for pass over was made. Accordingly, the hearing of the matter was differed until second sitting. In the second sitting when the matter is called out, Mr. Parmar on behalf of Mr. Pathak made request for adjournment. The same is declined Mr Parmar for Mr. Pathak submitted that though he has read the, papers and is aware about the facts and is in position to make submissions he would not do so as he does not have any instructions to make submissions.

(3.) THE reference was contested by present respondent by filing written statement. The respondent submitted before the learned Labour Court that the petitioner was being engaged from time to time on need basis and that he had not completed work of 240 days in the preceding 12 months. It was also claimed that the establishment of respondent is not covered within the definition and meaning of the term 'industry as defined in section 2(j) of the Act. In the backdrop of such facts, the respondent claimed that the reference was not maintainable and the petitioner was not entitled for the relief prayed for.