JUDGMENT :

1. Rule returnable forthwith. Learned advocate Ms. Vidhi Bhatt waives service of notice of Rule on behalf of respondent – workman.

2. State has filed this petition challenging the award of Labour Court, Anand, dated 15.12.2011 in Reference (LCA) Case No. 136 of 1998 wherein the Labour Court, awarded reinstatement with 20% backwages.

3. Brief facts referred in the petition are as under: -

It was case of respondent – workman before the Labour Court that he was working with the office of petitioner with effect from 28.11.1995 as a peon. After joining service in Borsad, he was transferred to various other offices of State as a peon. Thereafter, without any reason and without following any provisions of the Industrial Disputes Act, 1947 (‘the Act’ for short), he was illegally terminated on 30.06.1998. It was his case before the Labour Court that he completed 240 days in a year and had continuously worked from 1995 to 1998 and thus there was breach of Section 25F of the Act. It was also stated in the Statement of Claim that at his place some other person was appointed and thus though work was available, he was illegally terminated. For the said illegal termination dated 30.06.