JUDGMENT :

A.P. THAKER, J.

1. Both these petitions have been arisen out of the same award dated 30.06.2009 passed by the learned Judge, Labour Court No. 1, Bhavnagar in Reference (L.C.B.) No. 84 of 2002 whereby the Labour Court has granted the relief of reinstatement with continuity of service and 20% back wages to the workman.

2. For the sake of brevity and convenience, the parties are referred to as “workman” and “employer.”

3. Being aggrieved and dissatisfied with the said award, the workman has filed Special Civil Application No. 3324 of 2010 for enhancement of the back wages from 20% to 100%, whereas, Special Civil Application No. 13057 of 2009 has been preferred by the Bhavnagar Municipal Corporation challenging the same impugned award of reinstatement with continuity of service and 20% back wages to the workman.

4. Since both the petitions are filed against the same award and Special Civil Application No. 13057 of 2009 has been ordered to be placed with Special Civil Application No. 3324 of 2010, the facts of Special Civil Application No. 3324 of 2010 are considered as a lead matter and both the petitions are being disposed of by this common judgment.

5. Brief facts of the present