JUDGMENT :

1. By filing this petition, the petitioner-Dhanera Nagarpalika has prayed to quash and set aside impugned award dated 26.8.2008 passed by the Presiding Officer, Labour Court, Palanpur, in Reference (LCP) No.39 of 2001.

2. As per the facts stated in the petition, the respondent was working as a dally wager as an alternative arrangement for limited period. The respondent stopped coming to the petitioner Dhanera Nagar Palika from 26,02.2000 on his own and thereafter did not approach for more than eight months for any work,

2.1 The respondent thereafter raised dispute and the same was referred to the Industrial Court by the Assistant Labour Commissioner vide order dated 02.07.2001. The Industrial Court therefore registered the same as Reference (LCP) No. 39 of 2001 and issued notice to the petitioner on 06.12.2002.

2.2 The respondent, second party submitted his statement of claim on 07.03.2002 inter alia contending that the respondent, while on duty on 24.02.2000 fell down and sustained injuries on the spinal cord. It was contended that the respondent was admitted in the Civil Hospital, Ahmedabad and was discharged from the Civil Hospital on 29.06.2000. It was further contended