H.K. Rathod, J.—Heard learned Advocate Mr. B.D. Karia for the petitioner.

2. Through this petition under Article 227 of the Constitution of India, the petitioner Dhrangadhra Municipality has challenged the award of the Labour Court, Surendranagar dated 26.02.2007 in Reference No. 81 of 2000 wherein the Labour Court has granted reinstatement to the respondent workman without back wages for intervening period.

3. During the course of arguments, learned Advocate Mr. B.D. Karia for the petitioner has submitted that the Labour Court has committed gross error in not considering the contention raised by the petitioner that the respondent was appointed by back door entry in the service; not completed 240 days continuous service in a year and the respondent was appointed on ad hoc basis and, therefore, Labour Court ought not to have granted relief of reinstatement to such a workman.

4. I have considered the submissions made by the learned Advocate Mr. Karia on behalf of the petitioner. I have also perused the award made by the Labour Court. The respondent workman had joined the duties on the post of Mechanic in the Mechanical Branch of the establishment of the petitioner in the year 19