1. Heard Mr.M.B.Gandhi, learned advocate for the petitioner Employer and Mr.T.R.Mishra, learned advocate for the respondent Employee.

2. Challenge in this petition is made to the award passed by the Labour Court, Ahmedabad dated 23/12/2004 in Reference (LCA) No.2348/1995, whereby the action of the petitioner Authorities of issuing an order on 18/05/1995, whereby the appointment of the respondent on 28/05/1992 was cancelled, is held to be illegal, and the respondent is ordered to be reinstated in service, with continuity, with 40% back wages.

3. The facts in brief, as emerging from record, are as under. The petitioner Corporation had, vide its advertisement dated 04.03.1992, invited applications for recruitment on the post of Assistant Manager. There was only one vacancy and it was reserved for Scheduled Tribe candidate. A copy of the said advertisement is on record. The respondent had made an application in response to the said advertisement and in the application form, it was specifically asserted by the respondent that he belongs to Schedule Tribe. A copy of the application form of the respondent is also on record and reference can be made to Column 5 of the said applicat