( 1 ) HEARD learned advocate Ms. Vasavdatta Bhatt for the corporation and Mr. Pathak for the workman.

( 2 ) BY filing special civil application No. 10503 of 1996, the corporation has challenged the award made by the labour court,surat in Reference No. 319 of 1993 dated 21/07/1996 wherein the labour court concerned has granted fresh employment to the respondent workman on the post of peon and has not granted back wages to the respondent for intervening period and has also denied continuity of service. Same award made by the labour court concerned has also been challenged by the workman concerned by filing special civil application no. 673 of 1997 in so far as it relates to denial of back wages for the intervening period and continuity of service.

( 3 ) SPECIAL Civil Application No. 10503 of 1996 was admitted by this court on 7th April, 1997. Special Civil Application No. 673 of 1997 was admitted by this court on 7/04/1997.

( 4 ) LEARNED advocate Ms. Bhatt for corporation has submitted that the labour court has committed gross error in coming to the conclusion that the punishment of dismissal is harsh and unjustified. She has further submitted that the respondent work