JUDGMENT :

1. Rule returnable forthwith. Mr. I.G. Joshi, learned advocate waives service of rule on behalf of respondents.

2. Employer-Company has filed this petition challenging the award of Labour Court, Godhra in Reference (T) No.205 of 2001, wherein the Labour Court while quashing and setting aside the order of dismissal directed the petitioner – Company to reinstate respondent – workman to his original post with continuity of service and also awarded 100% backwages.

3. Facts referred in the petition are as under:

3.1. Petitioner – Company is a factory registered under the provisions of Factories Act, 1948 and engaged in the manufacturing of stainless-steel long products. The Company appointed respondent – workman as Junior Fitter w.e.f. 05.08.1987. The respondent was thereafter charge-sheeted by memorandum dated 21.05.1999. Pursuant to charge-sheet, the inquiry was initiated. Pending inquiry, the respondent by order dated 06.04.1999, was put under suspension w.e.f. 07.04.1999. Upon completion of inquiry, a report dated 06.09.1999 was submitted. Along with inquiry report, a final/second show cause notice dated 13.09.1999 was served to the respondent-workman. The workman submitted h