( 1 ) THIS is an appeal from an order making absolute Rule directing the Second Labour Court to hear and determine an application presented to it under Section 33-C (2) of the Industrial Disputes Act.

( 2 ) THE matter arises thus: By an award of the Fifth industrial Tribunal published on September 19, 1959 forty one persons, the petitioners before this Court, who had been dismissed from service by the two respondent companies were directed to be reinstated in service and held entitled to half their salary for the entire period from October 2, 1953 to the date of their actual return to duty after the award. The respondent companies appealed unsuccessfully first to the Appellate Tribunal and then to the Supreme Court. Orders for stay of operation of the award obtained by them during the pendency of the appeals were ultimately vacated on October 15, 1957. According to the petitioners they had offered to resume their duties immediately after the publication of the award of the Fifth Industrial Tribunal but the companies refuses to take them in until the dismissal of the appeal by the Supreme Court. According to the companies the petitioners newer offered to resume their du