JUDGMENT :

H.K. Rathod, J.

Heard learned AGP Mr. A.L. Sharma appearing on behalf of petitioner and learned advocate Ms. Megha Jani appearing on behalf of respondent - employee.

2. In this matter, petitioner - Executive Engineer has challenged award passed by Labour Court, Surendranagar in Reference No.231 of 1994 dated 16.11.2006. The Labour Court has granted relief in favour of workman to reinstate him in original post with continuity of service without back wages of interim period.

2.1 Affidavit-in-reply is filed by respondent - workman which is at page-34. In Para.10 of said affidavit, following averments are made :

“10. I further state that services of three other labourers working in the same department as the petitioner herein, being (1) Hirabhai Thakarshibhai (2) Narsinhbhai Vitthalbhai and (3) Bhikhabhai Pethabhai were terminated along-with the present petitioner and they had also preferred Reference proceedings before the Labour Court wherein awards were passed directing their reinstatement. These persons have been reinstated and the present petitioner is discriminated against and is not reinstated till date. Hirabhai Thakarshibhai and Narsinhbhai Vitthalbhai have been reinstat