(1.) The factual matrix and question of law involved being common in both the said WPs., they have been heard analogously and are being disposed by the present common order.
(2.) W.P.8715/16 filed earlier in point of time is by the workman while W.P 192/17 is by the employer, both assailing the same award of the Labour Court No.1-Gwalior passed on 22/10/2016 in COC 58/A/ID Act/2012 (Ref.) whereby while answering the dispute referred by the appropriate government as regards legality and validity of termination of service of workman on 27/3/2012 by the employer, the Labour Court has adopted the alternative course of granting compensation to the tune of Rs. Two Lakhs to the workman, after rendering the following findings:-
(3.) Before adverting to the factual scenario it would be apt to deal with the seminal question involved herein which is to the following effect:-