JUDGMENT :

A.S. SUPEHIA, J.

1. The present petition has been filed inter alia seeking for quashing and setting aside the award dated 15.02.2005 passed by Central Industrial Tribunal, Bhavnagar, in Reference ITC No. 81 of 1994, by which three workmen (drivers) viz. (i) Ashwin Nagjibhai Barad; (ii) Upendra Vishnuprasad Trivedi and (iii) Ranjit Nagjibhai Barad are held to be employee of the petitioner-Bank and the petitioner-Bank is directed to reinstate them in service with full back wages and all consequential benefits, after declaring their termination as illegal. A cost of Rs.5,000/- is also awarded.

2. The aforesaid workmen/three drivers raised a dispute in the year 1992 under the provisions of the Industrial Disputes Act, 1947 (the I.D. Act), through the respondent-Union with regard to their illegal termination which culminated into Reference ITC No. 81 of 1994.

3. The Tribunal, by the impugned award has allowed the reference. Shri Ashwin Nagjibhai Barad passed away during pendency of the reference before the Tribunal. Shri Upendra Vishnuprasad Trivedi has also passed away during the pendency of the writ petition. He is being represented through his legal heirs.

4. Learned advocate M