CHIEF EXECUTIVE OFFICER DISTRICT FOREST OFFICER Vs. MALLIKA

JUDGEMENT

(1.) ALL these appeals are directed against the common order dated 01.12.2009 passed by the learned single Judge dismissing a batch of writ petitions filed by the appellant, the Chief Executive Officer/District Forest Officer, Sandalwood Industrial Complex, Tirupattur.

(2.) THE first respondent in each of the writ appeals were employed as Grade-III Mazdoors in the Additional Sandalwood Depot on a daily wage of Rs.43.10. After nearly twenty years of service, they were stopped from working from 10.9.1997. Hence, they raised industrial disputes before the Labour Court to reinstate them with full backwages and continuity of service. THE disputes were taken together and by a common award dated 14.12.2000, the Labour Court directed the reinstatement of each of the respondent with full backwages, continuity of service and all other monetary benefits.

(3.) THE learned Special Government Pleader has submitted that as the Forest Department is discharging sovereign function of the State, it cannot be considered to be an 'industry' under Section 2(j) of the Industrial Disputes Act, 1947. By placing heavy reliance on the judgment of the Supreme Court in Pratamsingh Narsinh Parmar's case, the learned Special Government Pleader would submit that the writ appeals are liable to be allowed by holding that the industrial disputes are not maintainable in view of the fact that the Forest Department cannot be brought under the definition of Section 2(j) of the Industrial Disputes Act.