JUDGMENT :

1. The petitioner - employer has challenged the award dated 01.01.2010 passed by the Labour Court No.5, Ahmedabad in Reference (L.C.A.) No.643 of 2004 whereby the Labour Court has partly allowed the reference and directed the petitioner herein to reinstate the respondent - workman with 50% back wages from 01.06.2004.

2. It is contended by the petitioner that it is proprietorship dealing in manufacturing of Aluminum Collapsible Tubes and the respondent – workman joined as helper in printing department in the petitioner from 19.11.1999. It is further contended by the petitioner that respondent left the premises without intimating or informing any one and he was absent till 30.06.2001. It is also contended by the petitioner that on 01.07.2001, the workman has given written resignation to the petitioner which was accepted. It is contended by the petitioner that on 15.03.2004, the respondent has filed the complaint to the Labour Commissioner and, thereafter, he issued a demand notice on 10.12.2004 through the Shram Shakti Labour Union alleging that the respondent was orally terminated without giving any reasons on 01.07.2002 and demanded full back wages and continuity of servic