B.P.JHA, J.

1. The petitioners M/s. North Bihar Sugar Mills Ltd. (hereinafter referred to as the Sugar Mills) have in an application under Articles 226 and 227 of the Constitution of India challenged the validity of the award as contained in Annexure-6.

2. The Government of Bihar vide Notification No. III/DI-804 75 L & E- 2491 dated 12th July, 1975 referred under Section 10 (1) (c) of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act) to the Labour Court the following industrial dispute for adjudication :

"Whether the removal of Sri Shy am Sunder Singh from the permanent post by the management is proper and justified? If not, whether he is entitled to be posted on the permanent post in accordance with the order of the ex- General Manager ?"

3. The Labour Court held that the removal of Shyam Sunder Singh (respondent No. 4) from the permanent post by the management of the Mills (petitioners) was unjustified. The Labour Court further held that respondent No. 4 was entitled to the entire back wages from 16th July, 1974 till the date of his posting on the permanent post less what he had already received in the capacity as a seasonal clerk.

4. Shyam Sunder Sin