Govind Mathur, J.—These two petitions for writ are preferred to question validity, propriety and correctness of the award dt. 14.12.1994 passed by Labour Court, Udaipur answering the reference made to it by the appropriate government in following terms:-

“Whether the action of the Management, Rajpura Dariba Mines, M/s. Hindustan Zinc Ltd., in terminating the services of Shri Pradeep Siroya son of Shri Sardar Singh, Senior Assistant, Employee No.32168 w.e.f. 19.01.1991 is justified and legal? If not, to what relief the workman is entitled?”

2. Before passing the award impugned the Labour Court vide order dt. 05.12.1994 held the domestic inquiry fair and in accordance with law. The Labour Court also held that Shri Pradeep Siroya (hereinafter referred to as “the workman”) was rightly found guilty for the misconduct but held the penalty of discharge from service disproportionate to the delinquency proved. Accordingly, while exercising powers under Sec. 11-A of the Industrial Disputes Act, 1947 (hereinafter referred to as “the Act of 1947”) the punishment of discharge was substituted by penalty of withholding of two annual grade increments with cumulative effect. The workman wa