JUDGMENT

S.N. Variava, J.-These Appeals are against a common Judgment dated 13th November, 1995 passed by the Division Bench of the Rajasthan High Court in five Civil Special Appeals and a Writ Petition.

2. In 1983 the Appellant Company had a "lay off". According to the Appellant the lay off became necessitated because there was a 100% power cut and the Company s own generators were under repairs. Thereafter on 15th January, 1983 the Appellant Company terminated the services of 1164 workmen. According to the Appellant this termination was necessitated because of closure of a section of the Nylon plant. According to the Appellant Company this unit had to be closed because of huge losses and also because of lack of power.

3. On 17th January, 1983 another 1201 workmen were retrenched by the Appellant Company. The Rajasthan Trade Union Kendra (hereinafter referred to as RTUK) filed a Petition in the Rajasthan High Court (W.P. No. 213 of 1983) challenging the termination and retrenchment of the 2367 workmen.

4. On 17th February, 1983 the Appellant Company lifted its lay-off. However, the workmen refused to report for duty and proceeded on a strike.

 5. On 7th March, 1983 the Appellant file