All the captioned matters, except SCA No.2524 of 2017 and SCA No.2780 of 2017 raise the question of recovery under Section 33(c)(2) of the Industrial Disputes Act, 1947 (for short the Act) and SCA No. 2524 of 2017 and SCA No.2780 of 2017 are instituted by the employer questioning the dismissal of the application moved by the employer under Section 33(2)(b) of the Act. Since the subject matter of two petitions being SCA No.2524 of 2017 and SCA No.2780 of 2017 are different, SCA No.1043 to 1072 of 2017 are detached and shall be heard separately as a separate group.

1.1 This Court proceeds to decide SCA No. 2524 of 2017 and SCA No.2780 of 2017 together.

2. The petitioner in SCA No.2524 of 2017 and SCA No.2780 of 2017 is the employer of the respondent-workmen who are, represented by their legal representatives in SCA No.2524 of 2017.

3. From the rival submissions, it appears that the workman was proceeded against in a departmental inquiry mainly on the charge of having instigated and prevented other workmen from resuming or discharging their duties on 06/07/2008. As the facts emerging from the record would indicate, the charge also proceeded to state that the respondent-workman