V. Kameswar Rao, J.

1. The petitioner M/s Maharashtra Hybrid Seeds Company Ltd. has filed this writ petition challenging the award dated April 30, 1999 in I.D No.397/1996 passed by the Labour Court whereby the Labour Court has answered the reference directing the reinstatement of the respondent in the service of the petitioner with continuity in service and full back wages and order dated September 15, 1999 whereby the review petition was dismissed as being not maintainable.

2. The reference made by the appropriate government vide notification dated August 27, 1996 was on the following terms:

“Whether the dismissal of Sh.Dr.G.N.Kar from service is illegal and/or unjustified and if so, to what relief is he entitled and what directions are necessary in this respect?

3. It was the case of the respondent No.2 before the Labour Court that he was employed as Regional Research Manager at Sewari, Gurgoan, Haryana. Many duties assigned to him were manual and physical inasmuch as he was to prepare suitable ground for sowing of seeds, energy and other allied jobs, comparison of seeds, wheat, rice and rapeseeds. He was neither employed in supervisory capacity nor he was competent to