JUDGMENT

D.K. Jain, J. —

1.Leave granted.

2.Since a common issue is involved in both the appeals, these are being disposed of by this judgment.

3.The appeals are directed against two separate judgments rendered by the High Court of Judicature at Allahabad, upholding the Awards of: Labour Court (4) Kanpur in I.D. No.70 of 1997 and Industrial Tribunal (3) Kanpur in I.D. No.46 of 1997, collectively referred to as “the adjudicatory authority”, whereby the appellant had been directed to reinstate the respective respondents - namely, Shamim Mirza and Manoj Srivastava, the two workmen, with full back wages and continuity in service.

4.The appellant-company was constituted by the U.P. State Government under Section 5 of the Electricity (Supply) Act, 1948 and was charged with several duties, as enumerated under Section 18 of the said Act, in relation to generation, transmission and distribution of electricity within the State. The appellant opened various cash centres in different divisions and sub-divisions for collection of electricity bills and for the said purpose, invited tenders for installation of Bradma Machines on contract basis. One such contract was awarded to M/s Vivek and Associates