( 1 ) THE appellant-State of Gujarat, by this Letters Patent Appeal, has challenged the judgment and order dated 9th April, 2002, passed by the learned Single Judge of this Court (Coram: D. H. Waghela, J.) in Special Civil Application No. 8913 of 2001.

( 2 ) THE respondent-workman was working in the Irrigation Department of the State of Gujarat as Chowkidar, on daily wage basis. His services were terminated on 15. 2. 1999, on the ground that no work was available. He, therefore, raised an industrial dispute which, ultimately, was referred to the Labour Court, Kalol, registered as Reference (LCK) No. 330 of 1999. The Labour Court, by its award dated 15. 9. 2000, set aside the order of termination of the respondent-workman and ordered to reinstate the workman in service with all other benefits, except back wages. 2. 1 the aforesaid award passed by the Labour Court was challenged by the appellant-State of Gujarat before this Court by way of Special Civil Application No. 8913 of 2001. Before the learned Single Judge of this Court, a specific contention was raised that the workman was working in the Irrigation Department of the State of Gujarat, which is not an "industr