JUDGMENT :

H.K. Rathod, J.

Learned advocate Mr. R.V. Desai appearing on behalf of applicant - original respondent and learned advocate Mr. Dipak R. Dave appearing on behalf of present opponent - original petitioner.

Learned advocate Mr. Dave made a mention that learned advocate Mr. Desai is not well, therefore, he left the Court. Even though, this Court has taken up this application for hearing because presence of learned advocate Mr. Desai is not much relevant as averments made in the application are sufficient to consider this application by this Court while examining the matter for Section 17B of the Industrial Disputes Act, 1947. The important is the answer which is given by the respondent who is present before this Court and I have heard learned advocate Mr. Dave appearing on behalf of present opponent - original petitioner.

2. In main Special Civil Application No.16640 of 2004, the petitioner has challenged the award passed by the Labour Court, Kalol, District Mehsana in Reference (L.C.M.) No.69 of 1992 dated 15th September 2004. The Labour Court has set aside the termination order and granted the reinstatement with continuity of service with consequential benefits and with full