EXECUTIVE ENGINEER Vs. MAHESHBHAI P PRAJAPATI

JUDGEMENT

(1.) HEARD learned advocates appearing for the parties.

(2.) THE petitioners in both these petitions have challenged the order and award dated 29.01.2005 passed by the Labour Court, Banaskantha in Reference Case No.18/02, whereunder the Court after elaborate discussion partly allowed the reference in favour of the workman and quashed and set aside the order dated 07.07.2001 terminating the services of the workman and directed the employer to reinstate him with continuity of service without back wages as Electric Mazdoor, Class -IV, adhoc. This award dated 29.01.2005 is subject matter of challenge in both these petitions. One petition i.e. S.C.A. No.8182 of 2005 is filed by the employer being aggrieved and dissatisfied with the award in favour of the workman and second petition i.e. S.C.A. No. 14274 of 2005 is filed by the workman, so far as it did not grant the back wages after declaring the termination award illegal.

(3.) AS both these petitions contain challenge to the same award on different grounds. They were heard together and are being disposed of by this common judgment.