1. Heard learned counsel for the petitioners and learned counsel for the respondent no. 2.

2. The writ application has been filed for quashing the award dated 27.5.2005 passed by the Industrial Tribunal, Patna in Reference Case No. 17 of 2004/4(C) of 2004 by which the retrenchment of respondent no. 2 was held to be bad, illegal, inoperative and void ab initio and it was directed to reinstate him with full back wages and also to make payment of the unpaid salary for the month of December, 1996.

3. Briefly stated the facts of this case are that the respondent no. 2 was engaged as a casual labourer in Technical Service Centre (TSC), Purnea under the National Sericulture Project (NSP) of the Central Silk Board on 16.5.1991. He continued as a daily wager for five years and thereafter by an office memorandum dated 9/10.9.1996 issued under the signature of the Deputy Director (PAl), National Sericulture Project, Central Silk Board, Kishanganj, Bihar he was converted as a Time Scale Labourer w.e.f. 16.5.1996 in the pay scale of Rs. 500-10-700 as per the terms and conditions mentioned in the said order. By the said memorandum he became entitled to dearness allowance at the rate san