H.K. Rathod, J.—Heard Learned Advocate Mr. HS Munshaw for petitioner Sabarkantha District Panchayat through its Deputy Executive Engineer and Executive Engineer, Irrigation Division, Sabarkantha District Panchayat in these two petitions.

2. In Special Civil Application No. 2765 of 2011 filed by petitioner against respondent Somaji Kankaji Damor, petitioner District Panchayat has challenged award passed by Labour Court, Himatnagar in Reference (LCH) No. 58 of 2000 Exh. 28 dated 12th January, 2011 wherein order of termination has been set aside by Labour Court while granting relief of reinstatement with continuity of service without back wages for interim period.

3. In Special Civil Application No. 2838 of 2011 filed by petitioner against respondent Sababhai Mathurbhai Damor, petitioner District Panchayat has challenged award passed by Labour Court, Himatnagar in Reference (LCH) No. 54 of 2000 Exh. 43 dated 12th January, 2011 wherein order of termination has been set aside by Labour Court while granting relief of reinstatement with continuity of service without back wages for interim period.

4. Brief facts of Special Civil Application No. 2838 of 2011 are as under:

Respondent w