1. Heard learned Advocate Mr. PC Chaudhari for petitioner. Petitioner workman has challenged award passed by labour court in Reference NO. 1647 of 1996 Exh. 49 dated 13.2.2009. Labour Court, Ahmedabad has set aside termination order dated 21.6.1996 and granted reinstatement with continuity of service with 25 per cent back wages for interim period with costs of Rs.25,000.00, to be paid by employer to workman.

2. Learned Advocate Mr. PC Chaudhari for petitioner has raised contention before this court that while denying 75 per cent back wages to workman, labour court has not given proper reasons and relevant factors have not been considered by labour court and merely raising presumption about gainful employment, labour court has wrongly denied 75 per cent back wages for interim period. He also submitted that earlier, while passing ex parte award, 40 per cent back wages were granted by labour court and now it has been reduced to 25 per cent and relevant factors like nature of work, nature of employment, permanent operator etc. has been ignored by labour court. He relied upon two decisions of apex court. One is 2010 (124) FLR 72 in case of M/s. Reetu Marbles and Prabhakant Shukl