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2005 Supreme(Guj) 264

R.S.GARG, RAVI R.TRIPATHI
STATE OF GUJARAT – Appellant
Versus
GUJARAT MADOOR SABHA – Respondent


Advocates Appeared: RAJESH P.MANKAD, SUBRAMANIAM IYER, V.M.PANCHOLI

R. S. GARG, J.

( 1 ) THE appellant-State being aggrieved by order dated 07. 12. 1998 passed in Special Civil Application No. 6954 of 1998 whereunder the award dated 27. 04. 1998 passed by the learned Labour Court, Ahmedabad in Reference (LCAD) No. 116 of 1989 was confirmed, is before this Court.

( 2 ) THE respondent workmen approached the Labour Court with a submission that they were working for more than 16 years, neither they were confirmed nor they were paid their dues in accordance with law, therefore, the reference be answered in their favour, a direction be issued for their confirmation, benefits in accordance with law be awarded and payment of salary in accordance with law be granted. The appellant-Government raised the issue of jurisdiction of the Labour Court, inter alia, that the employee could not invoke jurisdiction of the Labour Court as the school was not/ is not an industry within the meaning of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act" ). After hearing the learned counsel for the parties, the learned Labour Court allowed the reference in favour of the workmen and issued directions that with effect from 01. 01. 1989 they would be deemed















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