judgment

Dr. ARIJIT PASAYAT, J. —

1.Appellants call in question the judgment rendered by a learned Single Judge of the Gujarat High Court allowing the Special Civil Applications filed by the respondent (hereinafter referred to as the ‘employer’).

2.The respondent had filed the applications questioning correctness of the award dated 31.12.2004 passed by the Labour Court. Another set of petitions were filed by the employer questioning correctness of the said award by which the Labour Court had partially allowed the reference of the concerned workmen. By the said award the workmen were directed to be re-instated in service with continuity but without back wages. Challenge of the workmen was to the award insofar as it provided for no back wages and only re-instatement.

3.Background facts in a nutshell are as follows :

Respondent is involved in providing public utility services. In the year 1989-1990, there were certain disputes between the management and the employees. There was an extended strike in which a large number of employees employed by the respondent-company participated. This disrupted the working of the plant where the concerned workmen were employed. The respondent-company, t