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2025 DAILYLAW 21329 (RAJ)

PANNA LAL v. THE DEPUTY FOREST OFFICER DEPA

CW/1050/2009 · 2025-03-17

Anoop Kumar Dhand

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:12115] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.1050/2009 Panna Lal Son Of Shri Murari Lal, By Caste Yadon Thakur, Village And Post Au, Tehsil Deeg, Distt. Bharatpur. ----Petitioner Versus 1. The Deputy Forest Officer, Department Of Forest, Bharatpur 2. The Ranger, Department Of Forest, Deeg, Distt. Bharatpur. 3. The Judge Labour Court, Bharatpur ----Respondents For Petitioner(s) : None present For Respondent(s) : Mr. Rahul Lodha, Addl. GC JUSTICE ANOOP KUMAR DHAND Order 17/03/2025 1. The instant writ petition has been preferred against the award dated 01.10.2005 passed by the Labour Court, Bharatpur (hereinafter referred to as “the Labour Court”) in Case No. LCR 29/1995 by which the statement of claim submitted by the petitioner against his termination order dated 01.01.1987 has been rejected on the ground that the Department of Forest does not fall within the definition of “Industry” under the Industrial Disputes Act, 1947 (hereinafter referred to as “the Act of 1947”). 2. It has been brought into the notice of this Court that the issue involved in this petition has already been decided by the co- ordinate Bench of this Court in the case of Rameshwar Dayal Versus Judge Labour Court Bharatpur & Others reported in 2008 WLC 681, wherein it has been held that the Department of [2025:RJ-JP:12115] (2 of 2) [CW-1050/2009] Forest falls within the definition of “Industry” in terms of Section 2(j) of the Act of 1947. Therefore, under these circumstances, the matter is required to be remitted to the Labour Court for adjudication on its merits. 5. Looking to the fact that the controversy involved in this petition has already been set at rest by the co-ordinate Bench of this Court in the case of Rameshwar Dayal (supra) wherein it has been observed that the Department of Forest falls within the definition of “Industry” in terms of Section 2(j) of the Act of 1947, this Court deems it just and proper to remit the matter to the Labour Court for deciding the same on its merits. 6. As a consequence thereof, the impugned award dated 01.10.2005 stands quashed and set-aside. The writ petition stands allowed. The matter is remitted to the Labour Court for its adjudication on its merits, looking to the nature of work discharged by the petitioner-workman. The parties are directed to appear before Labour Court on 15.04.2025. It is expected from the Labour Court to decide the dispute between the parties expeditiously as early as possible preferably within a period of 18 months from the date of their appearance before the Labour Court. 7. All applications (pending, if any) stand disposed of. 8. Since the petitioner is not aware about passing of this order, Office is directed to send a copy of this order on the residential address of the petitioner for his information, intimation and necessary compliance. (ANOOP KUMAR DHAND),J KuD/93