RAVI R. TRIPATHI, J. ( 1 ) AT the joint request of the learned Advocates for the parties, the matter is taken up for final disposal today. ( 2 ) THE present petition is filed by the Gujarat State Road Transport Corporation ("the Corporation" for short) challenging the judgement and award dated 20th May, 2001 passed in Reference (LCB) No. 69 of 1998 wherein the learned Judge of the Labour Court, Bharuch has partly allowed the Reference and ordered reinstatement of the respondent-workman on his original post with continuity of service with 50% back-wages. The learned Judge was also pleased to order payment of Rs. 500=00 towards costs of the litigation. ( 3 ) MR. A. M. DAGLI, learned Advocate for the petitioner-Corporation, strenuously assailed the judgement and award and submitted that taking into consideration the service record of the respondent-workman, the learned Judge ought not to have exercised the discretion and should not have interfered with the order of dismissal. Mr. Dagli submitted that there are as many as 54 defaults to the credit of the respondent-workman, of which majority pertains to financial irregularity. He submitted that, therefore, the present petition is required to be allowed and the judgement and award of the Labour Court is required to be quashed and set aside and the order of dismissal is required to be restored by this Court. ( 4 ) MR. J. K. SHAH, learned Advocate for the respondent-workman, submitted that the respondent-workman is at the fag end of his career. By now, he has put in more than 25 years service. He submitted that awarding of punishment of dismissal does not affect the respondent-workman only, but also his family members. He, therefore, submitted that the exercise of discretion by the learned Judge be not interfered with by this Court and the order of dismissal, which is quashed and set aside, be approved. The order of reinstatement, which is passed by the learned Judge after taking into consideration all relevant aspects of the matter, be approved. He submitted that if at all the Court is of the opinion that the grant of 50% back-wages is going to be a burden on the public exchequer, the same may be reduced to an extent. The order of reinstatement, which is passed by the learned Judge after taking into consideration all relevant aspects of the matter, be approved. He submitted that if at all the Court is of the opinion that the grant of 50% back-wages is going to be a burden on the public exchequer, the same may be reduced to an extent. ( 5 ) AFTER having considered the submissions of the both the learned Advocates, it is deemed fit that the judgement and award of the learned Judge of the Labour Court be modified. The order of payment of 50% back-wages is quashed and set aside. So far as reinstatement of the respondent-workman is concerned, he shall be reinstated in service and then he shall be treated to have compulsorily retired from the date of the dismissal i. e. 18th July, 1999. The petition is accordingly allowed. Rule is made absolute to the aforesaid extent only. No order as to costs. ( 6 ) AT this stage, Mr. J. K. Shah, learned Advocate for the respondent, prays that it may be clarified that on the respondent-workman being compulsorily retired, he will get all the benefits which an employee gets on being compulsorily retired and he will not be deprived of the same. In view of the settled legal position, no such clarification is warranted. .