JUDGMENT

D.P. Mohapatra, J.-Leave granted

2. This appeal, filed by the Management of M/s. Hindustan Motors Limited, is directed against the judgment dated 26.06.2001 of the Division Bench of Calcutta High Court in APO No. 540 of 1998 setting aside the judgment of the single Judge and directing reinstatement of the workman, respondent herein with back wages. It was further ordered by the Division Bench that seniority and continuity in service should be maintained and any interim amount paid by the management to the workman should be deducted from the amount of back wages. The learned single Judge in his judgment dated 12.3.98 had set aside the Award of the Industrial Tribunal passed on 3.10.1991, in which direction for reinstatement of the workman with back wages was ordered.

3. On 3.9.2001 this Court issued notice to the respondent limited to the question of back wages only. In the light of the said order learned counsel appearing for both the parties confined their arguments to the question of back wages.

4. The short resume of facts relevant for determination of the question raised may be stated thus:

 The respondent was employed as a mazdoor in the production control department (c