GUJARAT CYPROMET LTD Vs. CHANDRAKANT C PRAJAPATI

JUDGEMENT

(1.) As common questions on law and facts are involved in these petitions, they are disposed of by this common judgment.

(2.) These cross petitions are filed by the petitioner Company and the respondent workman challenging the impugned award dated 30.08.2003 passed by the Labour Court, Ahmedabad in Reference [LCA[ No. 374/2002, whereby the Labour Court has directed the petitioner to reinstate the respondent workman with continuity of service and 50% back wages.

(3.) The short facts of the case are that the respondent at the relevant time was working as a Welder in the petitioner Company and he was working as such for the last three years. The respondent was discharged from the service on account of alleged misconduct committed by him. Being aggrieved by the same, the respondent raised a dispute which was ultimately referred to the Labour Court for adjudication being Reference [LCA) No. 374 of 2002. Before the Labour Court, both the parties adduced evidence and after appreciating the material produced before it, the Labour Court allowed the reference with the aforesaid directions. Hence, these petitions.