K.A. Swami, Actg. C.J.—This appeal is preferred against the Order dated February 1, 1993 passed by the learned single Judge in Writ Petition No. 3486 of 1993 (L). In the writ petition, the appellant has challenged the Award dated August 17, 1992 passed by the Presiding Officer, Labour Court, Mangalore, in Reference No. ID (LCM) 10 of 1988. The Labour Court has set aside the Order, dated May 31, 1985 passed by the appellant terminating the services of respondent No. 1 and directed reinstatement of respondent No. 1 with all back wages along with consequential benefits and the costs of the proceeding. By the order under appeal, the learned single Judge has stayed the operation of the Award subject to the condition that respondent No. 1 is reinstated and paid current wages.

2. Sri S. G. Sundaraswamy, the learned Senior Counsel appearing for the appellant, submits that this is not a case in which respondent No. 1 should be ordered to be reinstated pending decision as to the validity and correctness of the award, because of the fact that in the past he had remained absent for several days in each year starting from 1977 to 1985 and this will have a very deleterious effect on the oth