ORDER :

1. The petitioner Municipal Corporation has brought under challenge award dated 19th May 2011 passed by the Labour Court, Ahmedabad in Reference (LCA) No.340 of 2008, whereby the Labour Court has partly allowed the reference by setting aside the order of termination passed on ground of misconduct of remaining absent without leave. The Labour Court has not awarded reinstatement and/or any back-wages, while formally or notionally setting aside the order of termination, in view of the fact that the respondent workman reached the age of superannuation during the pendency of the reference proceedings. The direction requiring the employer to reinstate the respondent is also not passed.

2. All that the Labour Court has awarded to the respondent workman, is direction to the petitioner to pay all terminal benefits to the respondent.

3. So as to appreciate the controversy and challenge raised by the petitioner, it is necessary to take into account some of the relevant facts involved in present case.

2.1. It emerges from the record that the respondent workman had, during the course of employment and while he was on duty, suffered injury.

2.2. The said factual aspect is not in dispute.

2.3.