S.R. Brahmbhatt, J.—Heard learned advocates for the parties.

1. The petitioner, first party employer in Reference (LCV) No. 912 of 2000 from the Court of Presiding Officer, Labour Court, Vadodara, has approached this Court under Article 226 and also under Article 227 of the Constitution of India, challenging the award dated 18/6/2007 passed by the Labour Court in Reference (LCV) No. 912 of 2000, where under while partly allowing the reference the Court has ordered reinstatement of the workman with 20% backwages and Rs.1000/- cost within 30 days from the date of publication of the award.

2. The facts in brief leading to filing this petition as could be culled out from the pleadings and proceedings deserve to be set out as under.

The workman – respondent herein No. 1 was constrained to raise industrial dispute on account of his dismissal vide order dated 12/9/1998 pursuant to the charge sheet dated 29/12/1997 in respect of this involvement in criminal activities for which investigation was going on and the criminal cases were lodged indicating his involvement in serious offence under Indian Penal Code. The inquiry concluded against respondent workman and the workman was given se