JUDGMENT :

1. Heard learned advocate Mr. Hardik C Rawal for the petitioner and learned advocate Ms. Mamta R Vyas for the respondent.

2. By way of this petition under Article 226 and 227 of the Constitution of India the petitioner has prayed for quashing and setting aside the judgment and order passed by the learned Industrial Tribunal no.1 in Reference IT No.198 of 1999 dated 31.01.2009, whereby, the industrial Tribunal Court No.1 has issued direction upon present petitioner to appoint the respondent herein, by way of compassionate appointment on the post of clerk or helper within a period of 20 days from the date of publication of award.

3. Brief facts leading to the present petition are stated as under:

3.1 It is the case of the respondent that his father was working as conductor in the petitioner Corporation and died on 13.04.1997 while he was on duty. At the time of death of father of the respondent as per the case of respondent the condition of the family was not good. And it was upon the respondent to enshoulder the responsibility of maintaining the family. As cane be seen from the award at the relevant point of time the respondent was a minor and on attaining the majority he mad