( 1 ) APPELLANT, being aggrieved by the order passed by the learned single Judge of this court in Special Civil Application No. 1123 of l994 on January 11, 1995 and the order passed on February 1, 1996 in Misc. Civil Application no. 1154 of 1995 (for Review), has preferred this appeal.

( 2 ) THE appellant who was serving as a Bus conductor with Gujarat State Road Transport corporation (for brevity, GSRTC), was found indulging in misappropriation of public funds. Departmental inquiry was initiated against him and on considering the evidence placed before thr Inquiry Officer, the services of the petitioner came to be terminated. The appellant, without preferring an appeal before the appropriate authority under the Rules, preferred a Reference before the Labour court, and the Presiding Officer, Labour court, Bhavnagar, on October 1, 1993 in reference (LCV) No. 30/89 allowed the reference partly and directed the GSRTC to reinstate the appellant without backwages, with continuity of service insofar as it relates to gratuity etc. GSRTC preferred Special Civil application No. 1123/1994 and along with the memo of petition annexed copies of (i) the report of the Inquiry Offic