JUDGMENT :

1. Being aggrieved with the award dated 23.04.2009 passed by the Labour Court, Bhuj in Reference Case (L.C.B.) No.43/2000, the workman as well as the employer have preferred the respective petitions.

2. As both the petitions are arising out of the same award, they are being disposed of by this common judgment.

3. For the sake of brevity and convenience, the parties shall be referred to as the “workman” and “employer”.

4. The workman has preferred Special Civil Application No.540 of 2010 inter alia contending that he was serving with the employer on the post of supervisor (Mukadam) and he has rendered service for more than five years. That no appointment letter was issued and after a long span of service, without any inquiry, he was terminated with effect from 30.06.1999. It is contended by the workman that he has preferred the reference before the Labour Court wherein he was granted prayer for reinstatement in service treated his service as continuous with 25% back wages. It is also contended by the workman that when he was reinstated in continuous service, the Labour Court ought to have awarded 100% back wages. It is contended by the workman that the Labour Court has factua