Biren Vaishnav, J.

The present Letters Patent Appeal has been filed by the appellant who was the original petitioner before the learned Single Judge. By the order dated 31.01.2008, the learned Single Judge dismissed the petition and confirmed the award passed by the Industrial Tribunal, Baroda, in Reference I.T.C. No. 11 of 1999 dated 16.04.2002. By the aforesaid award, the respondent herein was directed to be reinstated in service as a Messenger and on completion of one year was to be placed in the minimum pay-scale. The Industrial Tribunal did not award backwages for the interim period.

2. The facts in brief are as under :

2.1 The respondent-workman was serving as a Messenger with the appellant-Bank. His services were terminated on 31.12.1995. Aggrieved by this, the respondent raised an Industrial dispute which was referred to the tribunal.

2.2 A Statement of Claim was filed by the respondent at Exh.3. It was his case before the Tribunal, that he had joined in the subordinate cadre of the bank as a Messenger with effect from 03.01.1989. He continued in service up to 31.12.1995. Preceding his termination, he worked continuously on daily wages from 01.05.1994 to 31.12.1