K.M. Thaker, J.—In this petition, the District Panchayat, Kheda has, through Chief Medical Officer, challenged award dated 10.3.1999 passed by the Labour Court, Nadiad in Reference (LCN) No. 520/89 whereby the Labour Court has directed the petitioner-Panchayat to reinstate the respondent-workman and pay 25% of backwages from 4.7.1988 till the date of actual reinstatement.

2. Mr. Ahuja, learned Advocate has entered appearance for the petitioner-Panchayat however was not present at the hearing of this petition and Mr. Ansari, learned Advocate has appeared for the respondent. Mr. Chauhan was present on behalf of Mr. Ahuja to attend the hearing.

3. At the outset, it is required to be mentioned that Mr. Ansari for the respondent-workman submitted that the respondent has already reached the age of retirement and that therefore the question of actual reinstatement does not survive or arise.

4. So far as the facts of the case are concerned, they are in narrow compass. The respondent, who was working as Assistant Midwife-Nurse, was transferred to Udel and she reported at the place of transfer. However, in view of mental disturbances coupled with or occasioned by domestic problems and h