ORDER :

1. Since these petitions raise identical issue, the same are being disposed of by this common order.

2. In Special Civil Application No.12171 of 2020, the State of Gujarat has assailed the judgment and award dated 20.9.2019 passed in Reference T No.332/1999 passed by the Labour Court, Godhra whereby the action of the petitioner terminating the respondent workman herein is held as illegal and it has ordered to reinstate the respondent workman to his original post with continuity of service and without backwages. The Labour Court has also awarded Rs.5000/- towards costs.

3. As per the statement of claim, the respondent was working continuously under the petitioner Department from 1992 as a daily wage labourer cum Chowkidar and was paid Rs.800 per month and had completed 240 days in a year. He further claimed that his services were terminated in the year 1997 without giving any notice, notice pay or retrenchment compensation. In response to the statement of claim, the Department filed a written statement before the Labour Court whereby the allegations were denied. It was mainly contended that the respondent workman had worked only on seasonal basis and had not completed 240 days