- (1.)THE present petition is filed challenging the award dated 10.12.2010 passed by the Labour Court, Bhavnagar in Reference (LCB) No. 14 of 2002 whereby the labour court partly allowing the reference directed the petitioner to reinstate the respondent workman with continuity of service with 10% backwages.
(2.)IT is the case of the respondent workman before the Labour Court that he was working as Forest Guard with the petitioner on fixed monthly salary and that his services were terminated from service with effect from 18.05.1975. The workman therefore preferred reference before the Labour Court. The Labour Court after hearing the parties passed the aforesaid award. Being aggrieved by the same, the present petition is preferred.
Mr. Pujara, learned AGP appearing for petitioner submitted that the respondent was negligent in his duties and therefore he was terminated vide order dated 07.05.1975. He submitted that the reference is filed after a period of almost 27 years which is not explained by the respondent. He further submitted that the Labour Court failed to consider the fact that the respondent workman was not performing his duties sincerely and therefore the award directing reinstatement with backwages is required to be quashed and set aside.

(3.)MR . Yogen Pandya, learned advocate appearing for the respondent-workman supported the impugned award and submitted that the same does not call for any interference by this Court. He submitted that the respondent workman has already attained the age of superannuation.