( 1 ) ). Rule. Mr. S. P. Hasulkar, learned Advocate appears for respondent and waives service of Rule. Heard learned Counsel for the parties on merits.

( 2 ) ). On reference being made, of the following question: the Industrial Tribunal, Vadodara made Award on the following terms on 30-4-1994:

( 3 ) ). Aggrieved with the aforesaid Award, the Municipal Corporation, Vadodara has come up before this Court through this Special Civil Application.

( 4 ) ). To understand contentions and controversy raised before me, it would be necessary to notice brief facts as narrated in the Award. Respondent-Gajendra R. Dhumal (hereinafter called as the workman) was appointed in 1981 by the petitioner-Corporation as Asstt. Draftsman on which post he continued until when his services were wrongly terminated without following the conditions of Chapter V-A of the Industrial Disputes Act, 1947. Thereafter he was appointed on Tracers post, lower to the post of Asstt. Draftsman from October 1985. By the order dated 9-10-1985, the workman was transferred to another department on the ground that his work in the present department was not satisfactory. However, from the record of the Municipal Corpo