JUDGMENT :

1. Being aggrieved and dissatisfied with the impugned award dated 11.08.2011 passed by the Labour Court, Godhra in Reference (L.C.G.) No. 89 of 2004, the petitioner has filed the present petition under Articles 226 and 227 of the Constitution of India for the following prayers :-

A. YOUR LORDSHIPS be pleased to issue writ of mandamus or appropriate writ and/or certiorari by quashing and setting aside the order dt. 11/8/2011 passed by the Labour Court, Godhra in Reference (LCG) No.89/2004 is illegal, improper and arbitrary and contrary to the provisions of the Industrial Disputes Act, 1947 and be further pleased to direct the Respondent company to forthwith reinstate the Petitioner on his original post with continuity of service with full back wages alongwith all consequential benefits.

B. YOUR LORDSHIPS be pleased to pass such other and further order as the nature and circumstances of the case may require.

2. Brief facts of the present case is that the petitioner was serving as Hamal in the respondent – School since last three years prior to the date of his termination and he was being paid a salary of Rs.750/- per month. According to the petitioner, on 16.12.2003, the respo