( 1 ) THE petitioner - Gujarat Pollution control Board is before this Court under article 227 of the Constitution of India, being aggrieved by the award dtd. 2/1 1/1998 passed by the learned Special Labour court, Ahmedabad in Reference (LCIDAT)No. 27 of 1997 (Old Reference No. 362 of 1993), directing reinstatement of respondent workman with 100% back wages and consequential benefits.

( 2 ) SHORT facts necessary for disposal of the present writ application are that the petitioner was appointed as a temporary driver by the petitioner Board under separate orders. The orders were to run for a period of 29 or less days. The respondent was appointed on 22/9/1989 and with artificial break, continued upto 1/2/1991. Thereafter, under some order which is not placed on the records and as alleged by the petitioner, the respondent was appointed in gems Minar Project w. e. f. 2/2/1991 and worked upto 24/7/1991. After a break of 53 days, he was reappointed on 17/9/1991 and again with some break, he was ultimately removed from service on 20/12/1991. The workman being aggrieved by the said action on the part of the employer, obtained a reference and submitted before the Labour court