M.R. Shah, J.

1. By way of this petition under Article 227 of the Constitution of India, the petitioner workman has challenged the legality and validity of the judgment and award passed by the learned Labour Court, Junagadh in Reference (LCJ) No. 25 of 1998 dated 3/2/2004 in so far as awarding only 25% back wags from the date of termination till reinstatement that too, at the same rate which was being paid to the workman at the time of his termination. At the outset, it is required to be noted that in the present case, the services of the petitioner workman came to be terminated in January, 1997 and the impugned judgment and award has been passed by the Labour Court dated 3/2/2004.

1.1. At this stage it is also required to be noted that so far as the impugned judgment and award passed by the learned Labour Court is concerned, it has attained finality so far as the respondent employer is concerned. Therefore, the issue which survives to be decided in the present petition is denial of back wages to the workman.

1.2. Mr. Arvind Thakur, learned advocate appearing on behalf of the petitioner has submitted that as such the learned Labour Court has materially erred indemnifying 75%