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2003 Supreme(Guj) 444

A.L.DAVE, J.N.BHATT
STATE OF GUJARAT – Appellant
Versus
RAMESH MOPABHAI RATHOD – Respondent


Advocates Appeared: KISHOR M.PAUL, NAGESH SUD

J. N. BHATT, J.

( 1 ) BY this appeal under Clause 15 of the Letters Patent at the instance of the State of Gujarat, the challenge is against the judgement of the learned Single Judge, rendered, on 1. 4. 2002, in writ petition, whereby, the petition against the award dated 19th December, 2000 in Ref. (LCR) No. 415 of 1988 came to be rejected, upholding the said award and inter-alia holding that the plea of workmen having not worked for 240 days, and that the unit of Forest Department manufacturing polythene bags is not an industry within the meaning of Section 2 (j) of the Industrial Disputes Act, 1947, raised on behalf of the petitioner appellant before us, is not acceptable.

( 2 ) WE have heard the learned Advocate appearing for the parties, who have taken us through the entire testimonial as well as documentary evidence during the course of submissions before us. We have also given our anxious thoughts and considerations to the proposition of law and correct interpretation of the provisions of Section 2 (j) of the I. D. Act. In so far as interpretation of the proposition of law on Section 2 (j) of the I. D. Act is concerned, in the light of the factual profile which is on record,










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