( 1 ) HEARD learned Advocate Mr. Premal S. Rachh for petitioners in these two petitions. Through these petitions, petitioners have challenged the common award passed by Labour Court, Jamnagar in Reference nos. 591 and 592, 593 of 1992 dated 4th March, 2005 wherein the Labour court has granted reinstatement without back wages for intervening period, petitioners herein are workmen concerned in Reference (LCJ) Nos. 593 and 592 of 1992 respectively. They are challenging the aforesaid award insofar as it relates to refusal of back wages alone.

( 2 ) WHILE making his submissions on behalf of the petitioners, learned advocate Mr. Rachh has placed reliance upon the evidence of one workman vide Exh. 61 which is at page 59 Annexure-D, deposition given by one ghanshyambhai Jivrajbhai Rathod. Learned Advocate Mr. Rachh submitted that the Labour Court has relied upon the evidence of one witness for workman at Exh. 61 for adjudicating the reference, but has not relied upon the evidence of same witness for workmen vide Exh. 61 for determining the question of back wages. He also submitted that in statement of claim, specific averments were made by the petitioners that they have re