JUDGMENT :

Ajay Mohan Goel, J.

By way of this petition, petitioner-Company has challenged the award dated 02.11.2010, passed against it by the Presiding Judge, Industrial Tribunal-cum-Labour Court, Dharamshala, H.P. in Reference No. 9/2010, titled as Shri Sanjeev Kumar versus Managing Director.

2. Brief facts necessary for the adjudication of the present petition are that following reference was sent to the learned Labour Court by the appropriate Government for adjudication:-

"Whether termination of the services of Sh. Sanjeev Kumar alias Nathi S/o Shri Jeet Singh by the management of M/s Mayfair Biotech Pvt. Ltd. Industrial Area Mehatpur, Distt. Una, H.P. w.e.f. 23.2.2008 on the basis of alleged theft is legal and justified? If not, what relief of service benefits the above workman is entitled to?"

3. Vide an ex parte award dated 02.11.2010, while answering the said Reference, learned Labour Court granted the following relief in favour of the workman:-

"Consequently the termination of the petitioner is set aside and quashed. He is ordered to be re-engaged forthwith at the same place and post. The petitioner has discharged his initial onus of proving that he was not a gainfully employed