- 1 - NC: 2025:KHC:2402 WP No. 32119 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 32119 OF 2019 (L-RES) BETWEEN: 1. RANGE FOREST OFFICER, AMBLIGOLA, SHIKARIPURA TALUK, SHIVAMOGGA DISTRICT. ...PETITIONER (BY SMT RASHMI RAO, HCGP) AND: 1. LOKESH BHOVI @ LOKESHA, S/O HULAGA BHOVI, AGED ABOUT 39 YEARS, R/O KALLANKLU, SALUR POST, ANJANAPURA HOBLI, SHIKARIPURA TALUK, SHIVAMOGGA DISTRICT- 577214. ...RESPONDENT (BY SRI JAGADEESH GOUD PATIL, ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN I.D.NO.4/2017 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE AND PRESIDING OFFICER, LABOUR COURT, SHIVAMOGA (ANNEXURE-C) AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2402 WP No. 32119 of 2019 ORAL ORDER Heard Smt.Rashmi Rao, learned High Court Government Pleader appearing for the petitioner and the learned counsel appearing for the respondent. 2. Learned counsel appearing for the petitioner is assailing the order dated 27.02.2019 in I.D. Application No.04/2017 passed by the Labour Court, Shivamogga. In terms of the said order, the application filed by respondent is allowed that the respondent is entitled to arrears of his wages and considering his age, he is required to take back on daily wage basis. 3. Learned High Court Government Pleader appearing for the petitioner would contend that the petitioner being the State does not fall under the definition of the 'Industry' under the Industrial Disputes Act, 1947. As such the Labour Court had no jurisdiction. Thus, it is the submission that the impugned order has to be set aside for want of jurisdiction. 4. Learned counsel appearing for the respondent would submit whether the Forest Department which has - 3 - NC: 2025:KHC:2402 WP No. 32119 of 2019 undertaken the work of Social Forestry is coming under the definition of Industry as it is not carrying out the sovereign function. It is his submission that respondent was working in a project falling under the Social Forestry Scheme and he would also submit that the question whether such employees working under Social Forestry Scheme would come under the definition of 'Workmen' under Industrial Disputes Act, 1947 is a question, which is referred to Larger Bench by the Hon'ble Apex Court and the matter is still pending. 5. Learned High Court Government Pleader appearing for the petitioner does not dispute the submission that the question involved is pending before the Hon'ble Apex Court. 6. Since the question raised in the present petition is under consideration before the Hon'ble Apex Court, this Court is of the view that the petitioner should satisfy the direction contained in the impugned order subject to the respondent giving an undertaking to the petitioner to reimburse the entire amount, in case the Hon'ble Apex Court takes a view that the dispute raised in the present petition is not within the purview of the jurisdiction of the Labour Court. - 4 - NC: 2025:KHC:2402 WP No. 32119 of 2019 7. In case such an undertaking is given by the respondent, the petitioner shall release the said amount within two months from the date of said undertaking. Since the only contention is relating to the jurisdiction, this Court does not find any other reason to interfere with the impugned order. 8. Accordingly, the Writ Petition is disposed of as aforesaid. Sd/- (ANANT RAMANATH HEGDE) JUDGE GVP List No.: 1 Sl No.: 44