JUDGMENT :

A.S. Supehia, J.

1. The present writ petition has been filed assailing the impugned judgment and award dated 05.09.2006 passed by the Labour Court, Bhavnagar in Reference (LCB) No. 417 of 1999, whereby the petitioner is directed to reinstate the respondent-workman with 25% back wages.

2. At the outset, learned advocate Mr. Munshaw, appearing for the petitioner has submitted that the impugned award is required to be set aside, since the Labour Court has misdirected itself in ordering the reinstatement, as the department of the petitioner-Corporation i.e. the Bus Traffic Department was already closed down and is now run by a private entrepreneur of Bhavnagar city. He has submitted that in such a circumstance, the reinstatement of the respondent is not possible. It is further submitted that since there was no other work available for the respondent-workman and there was no need of driver, he was not engaged in work and hence, the Labour Court could not have passed the order of reinstatement. He has further invited the attention of the Court to the findings recorded by the Labour Court. It is submitted by him that the violation of Section 25F of the Industrial disputes Act, 194