(1.) RULE. Mr. Sameer Gohil, learned counsel for the respondent waives service of notice of rule. With the consent of learned counsels for the parties rule is fixed forthwith.
(2.) THE petitioner has challenged the award and order dated 8/4/2008 passed by the Labour Court, Junagadh in Reference (LCJ) No. 137 of 1999, where under the respondent workman has been ordered to be reinstated on the original post with 50 % back wages.
(3.) THE facts in brief deserves to be set out as under: the respondent workman was terminated and hence an industrial dispute came to be referred to the Labour Court at Junagadh being Reference (LCJ) No. 137 of 1999. Before the Labour Court, in the written statement it was a stand taken by the petitioner that though on number of occasions the workman did not discharge his duties to the satisfaction of the superiors, however he was reprimanded and ultimately on his own accord he abandoned the job. This is not believed by the Labour Court and the award is passed ordering reinstatement with 50 % back wages.