K.M. Thaker, J.—By this petition, the petitioner, Savarkundla Nagarpalika, has brought under challenge award dated 30.5.2008 passed by the learned Labour Court, Amreli in Reference (LCA) No. 3 of 2006 (Old No. 144 of 2001) whereby, the learned Labour Court has directed the petitioner Nagarpalika to reinstate the respondent and to pay him 20% back wages.

2. The respondent herein raised industrial dispute against his termination. The said dispute culminated into aforesaid reference proceeding. In the reference proceeding, the respondent herein filed statement of claim alleging, inter alia, that he was engaged as a Clerk in the Land & Building Department of the petitioner Nagarpalika and was illegal terminated w.e.f. 31.8.1999. He also alleged that at the material point of time, he was drawing salary of Rs. 1350/- and aggrieved by his illegal termination he served notice dated 2.9.1999 claiming reinstatement and consequential benefits. He also claimed in the statement of claim that his notice was not responded and therefore, he had approached the learned Labour Court with a prayer for reinstatement with consequential benefits.

3. Initially, the petitioner Nagarpalika, as usual,