JUDGMENT

Gaurang Kanth, J. The Petitioner in the present Writ Petition is assailing the Award dated 23.03.1999 ("Impugned Award") passed by the Presiding Officer, Industrial Tribunal-II, Tis Hazari Courts, New Delhi in I.D Complaint No.1117/89 titled as `Om Prakash Vs IARI'.

2. The Respondent/workman filed an Application under Section 33A of the Industrial Disputes Act (I.D. Act) before the learned Labour Court alleging that the Petitioner/Management terminated his service during the pendency of an industrial dispute between the Petitioner/Management and its Workman relating to certain demands unconnected with the present dispute. The said action of the Petitioner/Management has hence resulted in contravention of Section 33 of the I.D. Act. Vide the Impugned Award, the learned Labour Court held that the Petitioner/Management terminated the service of the Respondent/Workman in contravention of Section 33 of the I.D. Act. Learned Labour Court further held that the Petitioner/Management failed to prove the misconduct and hence the termination was held to be illegal. In view of the same, the learned Labour Court directed the reinstatement of the Respondent/workman with back wages from