JUDGMENT

Syed Shah Mohammed Quadri, J.- Leave is granted.

2. This appeal is from the judgment and order of a Division Bench of the High Court of Judicature at Patna, Ranchi Bench, in LPA No. 177 of 1999 (R) dated 9-8-1999. The appellant is the employer and 28 of its workmen are represented by Respondent 2. The parties are, hereafter, referred to "as employer" and "the workmen" respectively.

3. The facts giving rise to this appeal lie in a short compass.

The Government of India, Ministry of Labour, referred the following question under Section 10(1)(d) of the Industrial Disputes Act, 1947 (for short, "the ID Act") to the Central Government Industrial Tribunal (No. 2) at Dhanbad (for short, "the Tribunal"): "Whether the action of the management of Central Mine Planning and Design Institute Ltd., Ranchi in terminating the services of Shri Naresh Jha and 27 others (as per annexure) w.e.f. 1-7-1992 is justified? If not, to what relief the workmen are entitled?" On 1-5-1997 the Tribunal passed the award holding that the termination of 28 workmen was not justified and that they were entitled to reinstatement and regularisation with 40% back wages and other benefits. The validity of th