G.S. Sandhawalia, J.

Challenge in the present writ petition is to the award dated 07.12.2009 (Annexure P11) vide which the respondent No. 2-workman was reinstated with continuity in service and awarded 30% back wages. The claim before the Labour Court was that the petitioner had been appointed in the Mewat Model School, Tehsil Punhana, District Gurgaon on 20.08.2001 on the post of Driver and was drawing a salary of Rs. 2,735/- and his services were terminated on 21.11.2003 without payment of retrenchment compensation and other dues, in accordance with law. Accordingly, claim was made for reinstatement with full back wages and continuity of service on the ground that the service record of the workman was unblemished and neither any charge sheet was issued nor any domestic enquiry was conducted and no opportunity of hearing was given to the workman. It was pleaded that the issuance of appointment letter for 89 days, one after the other, was unfair labour practice on the part of the Management and there was no break in service.

2. In the written statement, filed by the petitioners-Management, it was Sailesh ranjan pleaded that the workman misbehaved with the students, their pa