JUDGMENT :

1. By filing the present petition under Articles 226 and 227 of the Constitution of India, the petitioners have challenged the award dated 09.10.2009 passed by the learned Labour Court, Vadodara in Recovery Application No.384 of 2002, whereby, the application of the workman came to be partly allowed and the petitioners were directed to pay Rs.87,000/- (Rupees Eighty Seven Thousand Only) to the respondent – workman towards the dues of the salary.

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

3. It is contended that the employer is the Cooperative Society and is established by the educated Christian and a retired teacher. It is further contended that the respondent was not employee of the society, but he was being paid honorarium for his services. It is also contended that the respondent has committed a fraud and misappropriation of huge amount of Rs.1,56,324/- (Rupees One Lakh Fifty Six Thousand Three Hundred Twenty Four Only) and, therefore, the Registrar of the Cooperative Society has lodged the complaint against the respondent. It is further contended by the society that the respondent himself has tendered his re