RANGE FOREST OFFICER Vs. MAKARAND DALPAT ZNAJAL

JUDGEMENT

(1.) Labour Court, Bhandara, held termination illegal and directed Forest Department - petitioners - Party No.1 to reinstate the workman - respondent no.1 - Party No.2 and granted him continuity of service. His claim for back wages was not allowed. This decision was taken on Reference [IDA] No. 14 of 2005 on 3rd March, 2009.

(2.) The Forest Department has challenged the correctness of the decision before this Court. When conciliation proceedings have failed, Labour Court started with an inquiry on reference by the Asstt. Commissioner of Labour. Though both the parties filed their pleadings, it is only the workman who gave the evidence. The workman claims continuous service from 01st July, 2000 till the date of termination of service illegally, for a continuous period of more than 240 days in a year. On the other hand, the Forest Department claims intermittent service for the period from 01st July, 2000 to 31st August, 2004 and that too for a few days during those years. Furthermore, they plead that the employment was not permanent, but only limited on daily wages for the jobs under the Employment Guarantee Scheme.

(3.) Forest Department being an industry or not is also disputed. The activities of Forest Department include plantation, sale of forest produce, maintenance of holiday resorts and catering to services to tourists, whereas Forest Department pleads that the workman is connected only to the job of plantation of trees.