JUDGMENT :

1. The present petition is filed by the petitioner employer challenging the judgment and award passed by the Labour Court, Jamnagar with following prayers;

“(a) Your Lordships be pleased to issue a writ of certiorari and/ or any other appropriate writ, order or direction in the like nature quashing and setting aside the impugned award dated 31.03.2008 passed by the Labour Court, Jamnagar in Reference (LCJ) No.127/ 1995 at Annexure – A;

(b) During pendency of hearing and final disposal of the petition, stay the operation, implementation and effect of the award dated 31.03.2008 passed by the Labour Court, Jamnagar in Reference (LCJ) No.127/1995 at Annexure – A;

(c) …..”

2. By impugned judgment and award dated 31.03.2008, the Labour Court directed the petitioner to reinstate the respondent with 75% back wages with continuity of service.

2.1 Petitioner is a company incorporated under the Companies Act, 1956 manufacturing Salt, Soda ash and other chemicals. It is the case of the petitioner that the respondent – workman was appointed in Traction Department. He was served with the charge-sheet dated 20.07.1993 for alleged misconduct and unauthorisedly remaining away from the wor