JUDGMENT :

1. These cross petitions are filed by the employer-Chalet Hotels Ltd. and workman-Bhikan Laxman Deokar challenging the Award dated 29 January 2019 passed by the Presiding Officer, 7th Labour Court, Mumbai in Reference (IDA) No. 20 of 2012. The Labour Court has answered the Reference partly in affirmative and has set aside the termination order dated 28 December 2010 with further direction to the employer to reinstate the workman with continuity and 50% backwages to be computed on the basis of last wages drawn by him.

2. Chalet Hotels Ltd. operates a star category hotel under the brand name, ‘Renaissance Mumbai Hotel & Convention Centre’, which is referred to in the judgment as ‘the Hotel’. It is the case of the Hotel that it provides transportation services for catering to the needs of its patrons by engaging services of third party vendors on profit sharing business. That the transportation facility was earlier run and managed by M/s. Hertz Carzon Rent and thereafter by M/s. K S Enterprises and thereafter by M/s. Karma Management Consultant Pvt. Ltd and lastly M/s. Orix Auto Infrastructure Services Ltd. was engaged by the Hotel. That those agencies provided for transporta