1. The petitioner is the management of Primary Agricultural Cooperative Bank represented by its Special Officer at Kolathur, Mettur Taluk, Salem District. In this Writ Petition, they have come forward to challenge an Award passed by the Labour Court, Salem, 1st respondent herein in I.D.No.423 of 2011 dated 18.7.2006. By the impugned award, the Labour Court directed reinstatement of the 2nd respondent with 50% of the backwages but with service continuity and other attendant benefits.

2. The Writ Petition was admitted on 19.1.2007. Pending the Writ Petition, initially Notice was ordered in the said application. Subsequently, an interim stay was granted with liberty to the 2nd respondent to file counter and vacate the said order. The 2nd respondent though entered appearance through counsel has not chosen to file any counter and vacate the interim order.

3. It is seen from the records that the 2nd respondent was employed as a Salesman in the shop run at Singiripatty Village. He was placed under suspension for certain misconduct on 31.5.2000. The said suspension was based on the report given by the flying squad, which inspected the shop and found that the 2nd respondent has