S.R. Brahmbhatt, J.

Rule. Mr. Desai, learned advocates waives service of Rule on behalf of respondent. By consent rule is fixed forthwith.

2. Heard learned Counsel for the parties:

3. In this matter, as it is noted in order dated September 18, 2009, both the counsels had requested that the matter be decided finally. Accordingly, the matter was posted on September 22, 2009 and the matter was heard and it was listed for dictation of the order and receiving the gist of submission in writing, which the learned advocates rely in support of their respective claim. Accordingly, the written submissions are taken on record.

4. The petitioner-workman in Reference (IT) Old No. 50/1995, New No. 636/2004, once again renumbered as New No. 504/2008, has challenged the order and award dated January, 12, 2009 passed by the Central Government' Industrial Tribunal Ahmedabad below Exhibits 8 and 79, whereunder, the Industrial Tribunal declared that the departmental inquiry conducted against the petitioner was just legal and proper. The Tribunal posted further hearing on January 22, 2009.

5. Facts in brief deserve to be set out as under.

6. The petitioner, as stated in the petition was working as Cash