JUDGMENT :

(1) In the present writ petition, the petitioner-Company has assailed the Award dated 05.09.2018 passed by the Presiding Officer, Labour Court, Bharuch below Exh.76 in Reference (LCB) No. 226 of 2005 (published on 10.10.2018); wherein and whereby, the Labour Court has set aside the punishment of dismissal imposed upon the respondent-workman and has directed reinstatement with 100% back wages.

FACTS

(2) The petitioner-Company is engaged in production of various pharmaceutical products, medicines and formulations and having its office at the address mentioned in the cause title of the memo of the present petition.

2.1) The respondent-workman was appointed as a Helper in the plant of petitioner-Company and thereafter he was confirmed as a helper in the Production Department on 01.04.1989. On 10.10.2004, the respondent No.1 was working in the afternoon shift from 3:00 pm to 11:00 pm and he sought permission to leave the office early around 9:00 pm. While leaving from the office premises on his motorcycle, the security guard checked the respondent-workman as per regular procedure. On checking, a packet of white powder was found under the seat cover of the motorcycle of the workma