( 1 ) HEARD learned advocate ms. S. K. Mandavia, appearing on behalf of petitioner and learned advocate mr. P. H. Pathak for respondent.

( 2 ) IN the present petition, the petitioner has challenged the award passed by Central Government Industrial Tribunal cum Labour Court, Ahmedabad in Industrial dispute No. 38 of 2004 dated 22. 9. 2004. The central Government Industrial Tribunal cum labour Court, Ahmedabad has set aside the termination order with a direction to petitioner to reinstate the respondent workman to his original post with continuity of service and to pay 30% back wages to the workman from the date of termination till the date of order of reference - 9. 6. 1995. The central Government Industrial Tribunal cum labour Court, Ahmedabad further directed that if the workman is not reinstated within a period of 30 days of the publication of award, the petitioner shall pay full back wages prevailing at the time of award to the workman. A cost of Rs. 1000 has also been award in favour of workman by the Tribunal cum Labour Court.

( 3 ) THE petitioner has placed on record the statement of claim filed by workman at Annexure-B and written statement filed by petition