FATEH SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed by the petitioner aggrieved against the award dated 15.01.2005 passed by the Labour Court, Bhilwara, whereby the claim of the petitioner has been rejected by holding that the employer-the Forest Department is not an Industry within the meaning of Section 2(j) of the Industrial Disputes Act, 1947 ('the Act') and as the dispute was raised with delay, the petitioner was not entitled to any relief.

(2.) The dispute was referred by the appropriate Govt. to the Labour Court, Bhilwara by order dated 29.12.2000 as to whether termination of services of the petitioner was justified and if not, to what relief he was entitled. Before the Tribunal, an objection was raised by the respondent-State that the Forest Department (the employer) was not an Industry and that the claim has been raised belatedly, inasmuch as, the alleged termination took place as on 01.01.1993 and claim has been raised after 8 years. The Tribunal after hearing the parties, came to be conclusion that the respondent- department did not fall with the definition of 'Industry' as defined under Section 2(j) of the Act and as the dispute was raised belatedely, rejected the claim.

(3.) It is submitted by learned counsel for the petitioner that the Labour Court committed an error in coming to the conclusion on both the aspects. It was submitted that this Court in the case of Shambhulal v. Deputy Forest Officer & Anr.: S.B. Civil Writ Petition No.4249/2007, decided on 15.04.2015, in similar nature circumstance, where the Tribunal had rejected the claim holding the Forest Department as not an Industry and on account of the delay, has reversed the findings on both the issues and has remanded back the matter to the Tribunal for consideration on merits.