The Forest Department of the State of Haryana is an industry as defined in Sec.2 (j) of the Industrial Disputes Act.

V. K. Jhanji, J.

1. The sole question to be determined in a bunch of writ petitions, namely, C. W. P. Nos.6882, 6883,6808,7993, 17370 of 1991,4550 and 14993 of 1992, 2604 of 1993 and 15079 of 1994, is whether the Forest Department of State of Haryana is an industry within the meaning of Sec.2 (j) of the Industrial Disputes Act (Hereinafter referred to as the Act ). Since common question of law and facts is involved in all the writ petitions, the same are being disposed of by a common judgment. For facility of reference, facts are taken from Civil Writ Petition No.6882 of 1991.

2. Second Respondent was appointed as a daily-rated worker by the Divisional Forest Officer, Hissar, on October 3, 1978. He worked as such till December 18, 1987 when his services were terminated. Since according to the workman his services had been terminated without any notice or charge-sheet, he sought reference under Sec.10 of the Act. He claimed that he being a workman under Sec.2 (s) of the Act and had a continuous service of more than 240 days during a period of 12 calendar months preceding the date of termination of services, is entitled to benefit of Sec.25-F of the Act. The matter was referred by the Government to the first respondent who vide award dated December 13, 1990 found that the management had not complied with the provisions of Sec.25-F of the Act. It was held that the workman was entitled to reinstatement with other benefits. In regard to objection taken by the Divisional Forest Officer that the Forest Department is a department of Haryana State and it cannot be termed as an industry, the first respondent observed as under:

"the Forest Department of the State, which grows trees on land, arranges the sale of timber and incurs loss or pockets profits stands on the same footing as Irrigation Department and Public Health Department of the State Government. It is industry in the light of the provisions of Sec.2 (j) of the Act. Both these issues are found against the management. The reference is maintainable and this Court has jurisdiction to try and decide the present reference. "

In view of the finding that services of the workman had been terminated without any notice or charge-sheet and that the Labour Court had the jurisdiction to decide the reference, the order terminating the services of the workman was set aside and he was ordered to be rein-stated with full back wages and benefit of continuity of service. The award of the Labour Court is being impugned in this writ petition. Similarly, in all the writ petitions except Civil Writ Petition No.12620 of 1993, the awards; passed by the Labour Court in various references are being challenged.

3. While the proceedings were pending before the Labour Court, no material worth the name for showing the nature of activities or work carried on by the Forest Department was brought on record. In order to meet any possible objection from the side of workman and to fill up the lacuna, the Principal Chief Conservator of Forests, Haryana, has filed an affidavit dated July 26, 1996 for showing the activities carried on by the Forest Department. In his affidavit, he has stated that the principal aim of the Forest Department is to ensure ecological balance, including atmospheric equilibrium which are vital for sustenance of all life forms, human, animals and plants. He in the affidavit has further stated that the National Forest Policy Resolution, 1988 has been adopted by the State Government. A copy of the National Forest Police Resolution, 1988, issued by the Ministry of Environment and Forests, Government of India, New Delhi, has also been placed on record. On the basis of National Forest Policy, it has been stated in the affidavit that the activities carried on by the Forest Department are as follows:

" (i) Maintenance of environmental stability through preservation and, where necessary, restoration of the ecological balance that has been adversely disturbed by serious depletion of the Fores