JUDGMENT :

PRANAV TRIVEDI, J.

1. The present Letters Patent Appeal is filed under clause 15 of the Letters Patent by the appellant-original respondent assailing the correctness of order dated 09.07.2021 passed in Special Civil Application No. 7162 of 2009 as well as the order dated 22.10.2021 passed in Misc. Civil Application (for review) No. 1 of 2021 in Special Civil Application No. 7162 of 2009.

2. The prayers made in the writ petition before the learned Single Judge was to set aside the award passed by the learned Judge of Labour Court, Dahod in Reference (L.C.D.) No. 59 of 2008 dated 06.11.2008 wherein it was awarded to reinstate the workman with 40% backwages. The learned Single Judge after hearing both the parties observed that the workman has not led any evidence regarding non-employment, therefore, granting backwages was not in consonance with the law. It was further observed that regularization of the service of workman cannot be ipso facto and almost 24 years has passed from the date of retrenchment of the workman, and in that view of the matter and considering the age of the workman, the possibility of his reaching superannuation cannot be ruled out, therefore, learned Sin