JUDGMENT :

M. K. Thakker, J.

1. The present petition is filed under Article 227 of the Constitution of India challenging the judgment and award passed by the learned Labour Court, Bharuch in reference LCB No.376 of 1998 dated 26.04.2005 whereby, petitioner has been directed to reinstate the respondent no.2 with 20% back wages.

2. The facts needed to be discussed for the disposal of the case is that:

2.1. The petitioner company is engaged in the business of manufacturing and in the sale of various chemicals and pesticides etc. The respondent no.2 who is the workman came to be engaged by the petitioner company in December 1989. Previously, respondent no.2 was working in company namely Ficom Organics Ltd. from where he resigned as he was caught in theft and subsequently, raised industrial dispute on the allegation of dismissal of service. While filling up the form of personal detail with the petitioner company at the time of appointment, that fact has not been disclosed by the respondent no.2. On joining with the present petitioner as Wireman, his work was found unsatisfactory and he was in habit of frequently remaining absent without prior leave or intimation. For such unauthorized leave