JUDGMENT :

R. SUBRAMANIAN, J.

Challenge in the above writ appeals is to the common order made by the writ Court dated 05.10.2012 in W.P.Nos. 29877 & 29878 of 2008. Both the writ petitions were filed by the Management against the award passed by the Industrial Tribunal, Chennai in I.D.Nos. 48 & 25 of 2004 dated 23.07.2008 & 24.07.2008 respectively.

2. Reference in those two industrial disputes was made by the Government on the question of the illegal cessation of operation by the appellant / Mill. The question that was referred to in both the industrial disputes was identical and it reads as follows:-

"Whether the demand of the Union to revoke the illegal cessation of the opertion of the factory from 02.05.2003 by the Management and payment of back wages with continuity of service is justified."

3. The main contention of the Management before the Industrial Tribunal was that the land, building and the machinery of the Mills were leased out to one Selvamani and others, who started business in the name of M/s.Jupiter Packing Company. The said Company engaged labourers independently and was doing the business of reeling by getting yarn from the Spinning Mills. It is also contended that the