1. The petitioner has filed this petition under Articles 226 & 227 of the Constitution of India praying for quashing and setting aside the impugned award dated 09.03.2010 passed by the Industrial Tribunal, Nadiad (hereinafter referred to as 'the Tribunal') in Reference (ITN) No.752 of 1998 (corresponding to old No.239 of 1993).

2. Learned advocate Mr. D.C. Dave appeared on behalf of the petitioner. Mr. U. T. Mishra, learned advocate has filed caveat on behalf of respondent No.2. The matter was heard to some extent on 08.12.2010 and there was consensus amongst the parties that the matter should be finally disposed of at an admission stage. The Industrial Tribunal while passing the impugned award has referred to certain documents from which certain inferences were drawn and conclusions were arrived at. Since the matter was kept for final hearing, the Court has directed the registry to call for the records and proceedings of Reference (ITN) No.752 of 1998 (Old No.239 of 1993) from the Industrial Tribunal, Nadiad which has come and the matter was heard at length subsequently. Since the real contesting party is respondent No.2, no notice was issued to the other respondents.

3.