JUDGMENT

D.P. Wadhwa, J.-Appellant Bank was granted leave to appeal under Article 136 of the Constitution against judgment dated September 11, 1998 of the Division Bench of the Karnataka High Court in writ appeal upholding the order of the learned single Judge dismissing the writ petition. In the writ petition the Bank had challenged the Award of the Central Government Industrial Tribunal (Tribunal for short) dated September 26, 1994. By the Award the Tribunal had directed the Bank to reinstate D.K. Dayananda, a clerk working in the Cottonpet Branch of the Bank. This is what the Tribunal directed by the Award:-

"The order of II party (Bank) as per Ex. M.16 is set aside. The II party (Bank) is directed to reinstate the I party (Dayananda) forthwith the continuity of service. No back wages. Calculated upto the date of reinstatement, the I party (Dayananda) is not entitled to earn increments for the period during which he had not worked. Reference accepted in part accordingly."

2. Cause of Dayananda, the workman was taken by the first respondent. The Award arose out of following question, which was referred to the Tribunal for adjudication:-

"Whether the action of the management of Synd