JUDGMENT - A.P. SHAH, J.:---These two appeals are directed against the order of the learned Single Judge passed in a writ petition under Article 226 by which the respondent workman was directed to be reinstated with backwages. Appeal No. 1200 is filed by the employer whereas Appeal Lodging No. 519 of 2001 is filed by the union, as the union has been directed to pay the backwages.

2. Briefly stated, the facts are as follows:

The Government of India had referred to the Industrial Tribunal the following industrial dispute for adjudication:

“Whether the action of the management of M/s. Hillson and Dinshaw Ltd., Mumbai in not reinstating Shri P.G. Pendnekar who is senior among the retrenched employees in the same category is just, proper and legal? If not, to what relief, the workman is entitled to?”

The respondent workman who was in the employment of the appellant company, was retrenched from employment alongwith other 4 employees vide notice dated 27-4-1995. The respondent workman was given retrenchment compensation of Rs. 1,14,115 by cheque and there is no dispute that the workman has accepted and encashed the said cheque. The workman thereafter approached the Transport and Dock Worke

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