G.R. MAJITHIA, J. :---M/s. Oriental Containers Ltd. and Engineering Workers Association, aggrieved against the Award of 11th Labour Court at Bombay in Reference (IDA) No. 711 of 1981 dated June 30, 1994 have moved this Court through Writ Petition No. 2473 of 1994 and Writ Petition No. 1500 of 1995, respectively.

2. To begin with, the factual matrix.

M/s. Oriental Containers Ltd, (hereinafter "the management"), after domestic enquiry, dismissed 37 workmen by order of dismissal/discharge dated July 30/31, 1980. Engineering Workmen Association (hereinafter "the Association") raised a demand for reinstatement of the 37 workmen before the Assistant Commissioner of Labour. The Deputy Commissioner of Labour (Conciliation), Bombay, referred the dispute between the management and the 37 workmen employed under them, under section 10(1)(c) read with section 12(5) of the Industrial Disputes Act, 1947 (for short "the Act"), with the following schedule to the Labour Court:-

"The following 37 workmen should be reinstated with full back wages and continuity of service with effect from 30th 31st July, 1980.

1. Mohan Govind Menon.

2. Harishchandra R. Ghag.

3. Manohar A. Patil.

4. Shivaji G. Pat