ORDER :

H.K. Rathod, J.

Heard learned advocate Mr. N.K. Majmudar for petitioner - Company and learned advocate Ms. Hina Desai appearing on behalf of respondents - workmen on caveat.

2. In present petition, petitioner has challenged order passed by Industrial Tribunal, Baroda in Misc. Application (IT) No.6 of 2009, dated 18.3.2011, whereby Industrial Tribunal, Baroda has rejected Misc. Application filed by petitioner under Rule 26A of Industrial Disputes (Gujarat) Rules,1966 and also confirmed award passed by Industrial Tribunal, Baroda in Complaint (IT) No.17 of 1989. The Industrial Tribunal, Baroda has also imposed cost individually Rs.5000/- each in favour of respondents - workmen.

3. The present respondents - workmen have filed Complaint (IT) No.17 of 1989 under Section 33A of Industrial Disputes Act,1947 in pending Reference (Demand) No.3 of 1987 before Industrial Tribunal, Baroda on 17.6.1989. Against aforesaid complaint, petitioner - company had filed reply on 6.7.1989. Thereafter, Industrial Tribunal, Baroda has decided aforesaid complaint in absence of petitioner. The service of respondents were terminated by letter dated 13.6.1986 during pendency of aforesaid reference No.3 of