JUDGMENT :

Jayant Patel, J.

The present petition is directed against the award dated 28.04.2005 passed by the Labour Court in Reference (LCR) No. 2225/88, whereby the Labour Court has directed for reinstatement without back wages.

2. The short facts of the case appears to be that the petitioner which was earlier Electricity Board and now Electricity Company had engaged respondent no.1 purely on temporary and adhoc basis as NMR employee in the year 1981. As per the petitioner, respondent no.1 was engaged on purely temporary basis for a shorter period intermittently as and when his services were required. Thereafter, in the year 1983, he was discontinued. A dispute was raised before the Labour Court under the Industrial Disputes Act (hereinafter referred to as the "Act"). Such dispute was referred to the Labour Court for adjudication. The Labour Court, at the conclusion of the reference, passed the above referred judgment and award. Under the circumstances, the present petition before this Court.

3. I have heard Mr. S.D. Motwani for Mr. Dipak Dave for the petitioner and Mr. H.N. Shah for Mr. Pankaj Desai for the respondent no.1.

4. It was submitted on behalf of the petitioner that the res