JUDGMENT :

1. By way of this petition, the petitioner has challenged award dated 12.4.1990 passed by Labour Court, Vadodara, by which order of dismissal passed against the respondent herein is set aside and the petitioner is directed to pay 25% back wages till the age of superannuation and also the retiral benefits including pension to the respondent herein.

2. As per the facts of the case, the petitioner is a Trust incorporated under the Bombay Public Trusts Act and it has established and is managing school known as Baroda High School (Junior Primary Section) at ONGC Colony, Vadodara.

3. The respondent herein was working as Watchman-cum-peon in the school. On 18.2.1988, the respondent was issued charge sheet for dereliction in duty. Respondent filed his reply to the said charge sheet on 23.2.1988. However, such reply was not found satisfactory, therefore, it was decided to held departmental inquiry. On 19.10.1989, the inquiry officer submitted his report in which all the five misconducts alleged against the respondent were held to be proved. Therefore, on 27.3.1990, show cause notice was issued for proposed penalty of dismissal. On 5.4.1990, the respondent submitted his explanation.