STATE OF RAJASTHAN Vs. LALA RAM NAMA

JUDGEMENT

(1.) Heard learned counsel for the parties. Perused the material available on record.

(2.) The instant special appeal (writ) has been preferred by the Department of Forest, State of Rajasthan for assailing the order dated 10.08.2017 passed by the learned Single Bench whereby, the award dated 20.11.2000 passed by the learned Judge, Labour Court, Jodhpur while adjudicating the dispute referred by the State Government and holding the termination of the respondent workman Shri Lala Ram Nama by the employer to be illegal, and directing him to be reinstated with continuity of service and 50% of back wages from 30.12.1995, was affirmed and the writ petition was rejected.

(3.) Shri Sandeep Shah, learned AAG assisted by Shri Abhimanyu Singh, vehemently and fervently urges that the impugned judgment is liable to be set aside because the learned Single Judge, failed to consider the important aspect of the case that the Forest Department of the State Government is not covered within the definition of an 'Industry'. He further submits that the respondent workman was employed on purely contractual basis in the Jawahar Rojgar Yojana and by virtue of the notification dated 29.08.1991 issued by the State Government, the provisions of Industrial Disputes Act, 1947 have been excluded for the workmen employed in the said Scheme. He further submits that the respondent workman failed to make out a case that any person junior to him was reinstated in service or that his services were regularised. Shri Shah further submits that the learned Labour Court proceeded beyond the scope of the reference notification while adjudicating the dispute. He thus urges that the impugned order passed by the learned Single Bench of this Court is liable to be struck down.