JUDGMENT :

A.M. Khanwilkar, J.

The short question to be considered in this appeal in terms of order dated 27th August 2012 passed by this Court while issuing notice to the respondent-Management is: the quantum of the lump sum amount which needs to be paid to the workmen concerned in lieu of reinstatement.

2. Briefly stated, the appellant raised an industrial dispute which was referred to the Central Government Industrial Tribunal at Dhanbad, for adjudication, as under:-

“Whether the 35 persons whose names are shown in the Annexure and who were employed by M/s. Triveni Engineering Works, a Contractor at Dugda Coal Washery are to be treated as workmen of M/s BCCL and whether the demand of the Coal Washeries Workers Union that these persons be regularized/absorbed in the services of M/s. BCCL is justified? If so, to what relief are these persons entitled?”

3. The Industrial Tribunal vide award dated 17th June 1997, answered the reference in favour of the appellant and directed the Management to reinstate and regularize the concerned 35 workmen w.e.f. 1st July 1990, with payment of 30% full back wages within two months from the date of publication of the award in the Official Gazette of Ind