S.K. Dubey, J.

1. By this petition under Article 226 and 227 of the Constitution of India, the petitioner/State of Madhya Pradesh, has challenged the award (Annexure P/1), dated April 23, 1988, in Case No. 35 of 1986 Industrial Disputes Act (Ref.), by Labour Court 1, Gwalior, whereby the order, dated June 16, 1982, of termination of the services of respondent-1 was declared non-est, because of non-compliance of i Section 25F of the Industrial Disputes Act, 1947 (for short, the Act), and respondent-1 was ordered to be reinstated from the date of his termination, with half back-wages.

2. Sri S.B. Mishra, learned Government Advocate, placing reliance on a Division Bench decision of this Court in Madhya Pradesh Electricity Board and Ors. v. Basant Kumar Pandey 1991-I-LLJ-323, which relied on a decision of the Apex Court in Uttar Pradesh Warehousing Corporation v. Vijay Narayan Vajpayee AIR 1980 SC 840 and a Single Bench decision of this Court in Guna Central Co-operative Bank Ltd. v. Somprakash Manerdra and Ors. 1980 (57) FJR 1 contended that the Labour Court did not frame any issue in relation to the question whether the workman was gainfully employed during the relevant period,