( 1 ) THE petitioner in Speical Civil Application No. 763 of 1996 is the Works Manager of Gujarat State Road Transport Corporation. Respondent therein is a workman who has filed the counter-petition being Special civil Application No. 1564 of 1996. Both the petitions are concerning the same order of a Conciliation Officer passed under the Industrial Disputes Act, 1947, (hereinafter referred to as the Act for brevity ). Hence, both the matters have been heard together and are being disposed of together by this common judgment. The petitioner in Special Civil Application No. 763 of 1996 who is respondent in Special civil Application No. 1564 of 1996 is hereinafter referred to as the management, whereas the respondent in Special Civil Application No. 763 of 1996 who is the petitioner in Special Civil Application No. 1564 of 1996 is hereinafter referred to as the workman.

( 2 ) THE workman was working as an artisan (Category-B) in a Coach Shop of the management. It is alleged against the workman that on 27/02/1993 the workman had stolen 17 pieces of scrapped battery brackets. A departmental inquiry was held against him and on 28/02/1994 he was ordered to be dismissed f