Judgment

S.B. Majmudar, J.-The appellant-management by obtaining special leave to appeal under Article 136 of the Constitution of India has brought in challenge the order of the High Court of Bombay dated 13th Septem­ber 1991 dismissing the writ petition of the appellant and confirming the order of the Labour Court as further confirmed in revision by the Industrial Court, Bombay. By the impugned order respondent Nos. 3 and 4 herein who were workmen in the concern of the appellant were ordered to be reinstated in service with 40 and 50 back wages respectively till the date of the award of the Labour Court and thereafter with cent per cent back wages till reinstatement.

2. A few relevant facts leading to these proceedings are required to be noted to highlight the grievance of the appellant-management against the impugned order.

Background Facts

3. Respondent Nos. 3 and 4 were working in the plant of the appellant as Plant Operators. On the night between 5th and 6th May 1982 when they were on duty in the night shift at about 03.30 a.m. when the Plant In-charge one Shri Chandrahasan made a surprise visit, he found respondent Nos. 3 and 4 and 10 mazdoors as well as the Shift Supervi­sor s