The petitioner-employees’ Union is before this Court assailing the award dated 28.09.2004 passed by the Additional Labour Court, Bangalore in Ref No.10/1996. By the said award the Labour Court has rejected the reference. It is in that view the petitioner claiming to be aggrieved is before this Court in this petition.

2. This Court at the first instance had dismissed this petition through the order dated 09.09.2009, which in effect was an ex parte decision since the learned counsel for the petitioner had not been heard. The petitioner accordingly filed an appeal in W.A. No. 3948/2009. The Hon'ble Division Bench on noticing this aspect has set aside the order without adverting to the merits of the rival contentions and has restored this petition for reconsideration on merits after hearing both the parties.

3. In the above background, I have heard Sri. Shreyas Jayasimha, learned counsel for the petitioner and Sri. K.Kasturi, learned senior counsel for the respondent. Perused the petition papers including the records received from the Labour Court.

4. Though initially the reference made to the Labour Court was a composite one, which included the dispute relating to laying off of th