JUDGMENT 1. - Instant petition has been filed assailing Award dated 01.10.2005 passed by Labour Court, Bharatpur, whereby claim of petitioner (workman) has been dismissed on the premise that Department of Forest is not an "Industry" in 'terms of section 2(j) of Industrial Disputes Act, 1947 ("the Act"). 2. Counsel submits that the identical issue has been decided by this Court vide common order dated 25.01.06 in CWP-9132/05 & (8) others whereby the finding arrived at by Labour Court holding Department of Forest being not an "Industry", has been set aside.This Court inter-alia observed ad infra : "It is true that if the dispute has been raised as to whether a particular establishment or part whereof the recruitment has been made is an "industry" or not? Primarily it is for the person concerned who claims protection under the Act, to give positive facts for coming up to the conclusion that the establishment where he had worked is an 'industry' U/s. 2(j) of the Act of 1947 and such duties undertaken are not sovereign function of the State. But, in the present case, undisputedly no objection was raised by the respondents in their written statement. In the absence of which, there was no opportunity available to the workmen to provide and place material for establishing the fact that nature of work undertaken is not sovereign function of the State and it is an industry within the meaning of Section 2(j) of the Act of 1947 and the learned Labour Court has committed an error in proceeding to examine the issue without there being factual material on record and merely on the basis of oral submissions made by the parties." 3. In view of the judgment of this Court in Babulal v. Labour Court (supra), where matter was remanded back, instant petition deserves to be accepted. 4. Consequently, writ petition is allowed. Award dated 01.10.2005 is hereby set aside and matter is remitted back to the Labour Court, Bharatpur for adjudicating the dispute on merits after affording opportunity of hearing to the parties to dispute. Both the parties are directed to appear before Labour Court Bharatpur on 04.08.08. Record if received be sent back alongwith copy of this order to Labour Court, Bharatpur for compliance (supra). No order as to costs. *******