JUDGMENT - KHANDEPARKAR R.M.S., J.:---Heard. Perused the records.

2. Since common questions of law and facts arise in both the petitions, they were heard together and are being disposed of by this common judgment.

3. The petitioners are challenging the award dated 11-9-1998, passed in Reference No. CGIT-57 of 1994, rejecting the claim of the petitioners for reinstatement with continuity in service and full back wages from 24-2-1992.

4. It is the case of the petitioners that since 1991 they were continuously employed by the proprietor of the firm, namely, National Freight Carriers, which was subsequently taken over by the respondent with effect from 17-9-1992 and their services were continued uninterruptedly with the respondent even after such taking over of the concern. However, their services were abruptly terminated with effect from 24-10-1992 without following the procedure under the law. On the other hand, it is the case of the respondents that the company took over the said proprietory concern and as regards the employees of the said concern, on 22-10-1992 a settlement was entered into between M/s. National Freight Carriers and the Transport and Dock Workers Union before the Regi

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