H.K. Rathod, J.—Heard learned Advocate Mr. Ashish H. Shah for petitioner workman and learned Advocate Mr. KD Gandhi for Nanavati Associates for respondent Company.

2. In this petition, petitioner has challenged award passed by Labour Court, Ahmedabad in Reference (LCA) No. 171 of 1994 dated 4th January, 2002 wherein labour Court Ahmedabad has granted an amount of Rs. 85000.00 being lumsum amount against claim of back wages and other service benefits while setting aside order of termination. Labour Court has considered one fact that on 5th December, 1998, petitioner employee had reached age of superannuation and his service was terminated on 12th June, 1993.

3. Learned Advocate Mr. AH Shah appearing for petitioner has raised contention that petitioner was appointed as Mechanical Draftsman on probation for a period of six months on monthly pay of Rs. 740.00 in respondent Company with effect from 11th March, 1977 and thereafter, petitioner was made permanent by respondent Co. as Mechanical Draftsman in scale of Rs. 500-1020 with effect from 5th November, 1977. During period from 1977 to 1993, petitioner had worked in respondent Company as Draftsman and later on as Planning Assi