S. K. KESHOTE, J. ( 1 ) PERUSED the Special Civil Application and heard learned counsel for the petitioner. ( 2 ) CHALLENGE has been made by the petitioner to the Award of the Labour Court, rajkot, dated 18th February, 1983 made in Reference (LCR) No. 311 of 1978. The respondent workman raised industrial dispute in connection with his termination of services by the petitioner which has been referred to the aforesaid Labour Court and the award has been made for his reinstatement on the original post with continuity of services and with full backwages. ( 3 ) THOUGH on merits, I am prima-facie satisfied that even the Award to the extent of reinstatement ordered by the Labour Court, Rajkot is not correct, but the operation of that award has not been stayed by this Court and the learned counsel for the petitioner fairly conceded that the respondent-workman was reinstated in service and is working on the post till date. On putting a question by the Court to the petitioners counsel, he admitted that there is no complaint against the workman for all these years about his work and efficiency etc. Now the workman is working for all these 13 years and at this stage in case the reinstatement which is ordered by the Labour Court is set aside, then it may cause greater hardship not only to the workman, but to his family members also. The charges against the workman are also of remaining absent from duty and not any charge of misappropriation of embezzlement. In view of this fact and further as the learned counsel for the petitioner is also not very seriously contesting that part of the award to the extent where the respondent-workman was ordered to be reinstated in services by the Labour Court, the same is maintained to that extent. ( 4 ) HOWEVER, the Award of backwages is wholly unjustified and arbitrary. From the finding which has been given by the Labour Court in para 9 of the Award, it is a case where he was in gainful employment. The workman has admitted that he worked for 2 1/2 months, but he did not get any remuneration. He worked during this period at Adityana. The theory which has been advanced by the respondent-workman that the salary was not paid to him is difficult to accept. The workman has admitted that he worked for 2 1/2 months, but he did not get any remuneration. He worked during this period at Adityana. The theory which has been advanced by the respondent-workman that the salary was not paid to him is difficult to accept. The person of the category and status of the workman will not compromise to work without payment of wages or salary. From the documents, it comes out that petitioners father was doing business. On death of his father, name of his mother was entered as proprietor of the business. In the document, i. e. the application for change of proprietorship, the workman has signed the said application. That again shows that the petitioner was not altogether a stranger or a person who has no interest whatsoever in the business. The Labour Court has not properly appreciated this fact and it has taken too technical approach in the matter. Signing of the application for the change of proprietorship may be in the name of his mother, but is a strong circumstance which goes against the respondent-workman and he is unable to give out any satisfactory explanation for signing the application. The Labour Court has recorded finding of the fact that the workman was sitting on the shop also. If the workman was sitting on the shop, I fail to see how the Labour Court was correct to draw inference that he was not doing any business. The very fact that the workman was sitting on the shop gives out that he was the person who was doing business on the shop or atleast that much can be inferred that he was helping his mother in the business. So, on the basis of this fact, the order of the Labour Court to award full back wages to the workman is wholly arbitrary and unjustified. ( 5 ) IN the result, this Special Civil Application succeeds in part and the Award of the Labour Court impugned in this Special Civil Application to the extent awarding full back wages to the workman is set aside. Rule made absolute in aforesaid terms with no order as to costs. ( 5 ) IN the result, this Special Civil Application succeeds in part and the Award of the Labour Court impugned in this Special Civil Application to the extent awarding full back wages to the workman is set aside. Rule made absolute in aforesaid terms with no order as to costs. ( 6 ) HOWEVER, it is made clear that in case the amount of backwages has been paid to the workman by the petitioner, then the said amount may be recovered from him on a reasonable monthly instalments, to be decided by the concerned authority, from his salary. .