JUDGMENT :

P.C. :-

1. This matter was admitted by order dated 25/2/2021. On the condition of depositing the back wages, the impugned award granting reinstatement in service with continuity and full back wages, dated 9/8/2013 delivered by the first Labour Court Pune, had been stayed.

2. The second party workman before the Labour Court has preferred Civil Application No.523 of 2022 seeking a direction for depositing remaining back wages as well as consequential reliefs. However, the Writ Petition is itself taken up by consent for a final hearing.

3. Having heard the learned counsel for the respective sides for quite some time, it would be apposite to reproduce the admitted factors hereunder :-

(a) The respondent worker joined duties as a machine operator on 1/2/1982.

(b) In between 1982 and 1998, he has received 9 orders of suspension, for minor misconducts, as punishment.

(c) Vide charge-sheet dated 2/4/1999, an allegation of unauthorized absence for 57 days between January 1998 till December 1998, was levelled upon him.

(d) Unless there are three instances of unauthorized absenteeism in a calendar year, the charge of habitual absenteeism would not be sustained.

(e) The Enquiry Officer held