JUDGMENT - KAMDAR S.U., J.: - By the present petition, the petitioners are challenging the order passed by the learned Industrial Court in Complaint (ULP) No. 1660 of 1991 by which the learned Industrial Court has allowed the complaint in part and directed that the workmen should be allowed and permitted to resume their usual duty with effect from 1-1-2002 with continuity of service. It was further directed that the petitioner company shall make payment of back wages at the rate of 25% to the workmen for a period from 5-9-1991 till end of December, 2001. The few facts of the present case are as under:

2. It is the case of the petitioner that on 15-4-1987 the petitioner union gave a notice of strike with effect from 2-5-1987. The said strike continued for almost a period of four years. Though the said strike was not declared illegal but on 12-8-1991 the said strike is supposed to have been withdrawn. It is the further case of the petitioner that in spite of the fact that the strike was withdrawn, no worker resumed the duty and reported on job though the jobs were offered to them. On the other hand it is the case of the union that though the strike was withdrawn, the respondent union'

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