Manjula Chellur, J.

Heard learned counsel for the appellant as well as the first respondent management.

2. Appellant herein was the successful claimant before the Labour Court and the award of the Labour Court came to be set aside by the learned Single Judge in the Writ Petition, therefore, aggrieved by the same, the employee is before us. The first respondent management was running a furniture business in the name of 'Standard Furniture' at Kozhikode. According to the management, the unit was under lockout in 2002 itself. But, according to the appellant employee, it was in existence upto 22.4.2004. It is not in dispute that the appellant was terminated from service some time before 1999 and by virtue of an award, the management was directed to reinstate him with back wages. However, he could not be reinstated on account of the unit being closed by the management. Therefore, he sought for retrenchment compensation, gratuity and back wages. However, by virtue of an interim order passed in a Writ Petition filed against an order passed under Section 33C (2) of the Industrial Disputes Act, one-fourth of the back wages came to be paid. During the course of arguments, what we und