JUDGMENT :

1. The present petition is filed under Articles 16, 226 and 227 of the Constitution of India for the following prayers.

a. Be pleased to quash and set aside the award passed by the Learned Judge of Labour Court, Dahod in Reference I.C.B. No.59 of 2008 dated 6-11-08 by which the present petitioners directed to reinstate the workman – Orig. respondent with 40% of back wages, other eligible benefits, with continuity of the services and pay Rs.3000/- as reference expenditure.

b. Be pleased to hold that the present petitioner institute does not fall under the definition of the industries as per the section 2(J) of the Industrial Disputes Act therefore there is no relationship of employer and employee between the present petitioner and respondent – workman.

c. Pending hearing, admission of the present petition, your lordship may be pleased to grant stay of execution, implementation and operation of the operation of the order passed by the Learned Judge of the Labour Court, Dahold dated 6-11-2008 in Reference L.C.B. Case No.59/2008.

d. Be pleased to grant in other and further relief in the interest of justice.

2. Short facts leading to the present petition are that respondent herein