JUDGMENT :

K.M. Thaker, J.

In the captioned petition, the petitioner, which is a cooperative society of employees working in a Company named Ahmedabad Electricity Company, has brought under challenge an award dated 17.1.2008 in Reference (L.C.A.) No.87/2003 whereby the Labour Court, Ahmedabad has directed the petitioner society to reinstate the respondent employee without benefit of back wages. Aggrieved by the said direction, the petitioner society is before this Court.

2. The facts involved in present case, as emerging from the record of the petition, are as follows:

3. It transpires that the respondent workman was working as clerk from 28.12.1996 with the petitioner society. It appears that the society undertakes the activities of employees' welfare and extending financial assistance to its members, and for the purpose of carrying out its activities, it also employs certain employees who are not the workmen in the said company. The respondent No.2 was one of such employees and he was employed as clerk by the petitioner society since December 1996. It also emerges from the record that due to certain reported acts of omission and commission which, in view of the petitioner's society,