ORAL ORDER

1. On 21.02.2022, this Court had given a last chance to the respondent to file the appearance. During the pendency of the petition, the respondent workman has passed away and the legal heirs of the deceased respondent are brought on record and their presence was also recorded by this Court in the order dated 16.12.2021.

2. Today, when the matter is taken up for hearing, it appears that the legal heirs of the deceased respondent, are not interested, as no appearance has been entered by them. Thus, this Court has no other alternative but to hear the learned advocate for the petitioner and decide the matter.

3. In the present writ petition, the petitioner has challenged the judgment and award dated 12.02.2009 passed by the Labour Court, Palanpur in Reference (LCR) No.94 of 2001, wherein and whereby, the Labour Court has allowed the reference filed by the deceased workman reinstating him on his original post with continuity of service but without back wages.

4. The facts, in short, are that the respondent was working as Conductor in Bharuch Division, Jambusar Depot since 1989. On 24.02.1994, when the bus en route from Jambusar to Thanava, at that time, he was found under influen