JUDGMENT :

BECHU KURIAN THOMAS, J.

1. An order of reinstatement of a workman with 50% backwages directed by the Labour Court, is under challenge in this proceeding under Article 226 of the Constitution of India.

2. The writ petitioner expired in the year 2012 and his legal heirs are arrayed as additional petitioners 2 to 4. The reference in this judgment as 'petitioner' indicates the original writ petitioner.

3. The petitioner is the owner of an establishment called Imperial Bakery. He alleged that a salesman by name Suresh Babu (for short the workman), who was drawing wages of Rs.1,950/- per month, used to commit misconduct repeatedly. Still, petitioner continued to employ him as he was a relative. However, on 07-09-1998, according to the petitioner, the workman was caught red-handed receiving money from customers without creating invoices. Petitioner also alleged that on issuing a notice to the workman, he abandoned the employment feeling guilty, and due to the continued absence, the workman conveyed his intention not to continue the employment with the petitioner.

4. According to the petitioner, though the workman had abandoned his employment, the first respondent Union issued a noti