R. M. LODHA, J.

( 1 ) HEARD Mr. Sandeep Marne, the learned counsel for the appellant and Mr. Suresh Kumar, the learned counsel for the respondent.

( 2 ) THE appellant (hereinafter to be referred as 'the workman') joined the service of the Central Railway (hereinafter to be referred as 'the railways') as casual Cook in the Catering Section of the Commercial Department, Central railway, Mumbai V. T. on April 21, 1988. The workman worked with the railways for the period from 21-4-1988 to 30-6-1988, 7-8-1988 to 14-5-1989, 6-4-1990 to 30-6-1990, 2-5-1991 to 30-6-1991. 3-4-1993 to 30-4-1993, 16-5- 1993 to 30-6-1993 and 7-4-1993 to 30-6-1994. The petitioner's services came to an end with effect from 1-7-1994. The dispute concerning the petitioner's termination was referred by the appropriate government to the Central government Industrial Tribunal No. 2. The Industrial Tribunal vide its award dated 9-4-1999 held that the termination of the workman was not legal and justified and directed the railways to reinstate the workman with continuity and pay him all backwages. The railways challenged the award of the Industrial tribunal by filing writ petition. By an order dated 4-7-2003 th