[Per : Hon’ble Tarun Agarwala, J. (Oral)]

Heard Mr. M.C. Pant, the learned counsel for the appellant and Mr. V.B.S. Negi, the learned counsel for the respondent.

2. The service of the appellants were terminated on 04th September, 1978. The workers raised an industrial dispute and, the State Government, made a reference, by an order dated 04th September, 1979. The Industrial Tribunal gave an award dated 21.06.1985 directing reinstatement with backwages. The employer, being aggrieved by the said award, filed a writ petition No. 1455 of 1986 before the Allahabad High Court, which remained pending and, upon the creation of the State of Uttarakhand, the matter was remitted to this Court, where it was renumbered as Writ Petition No. 294 of 2002 (M/S). The writ Court allowed the writ petition and the award of the Industrial Tribunal was set aside by an order dated 12.08.2009. The workmen filed a review application, which was dismissed by an order dated 11.11.2009. The workers, being aggrieved by the aforesaid order, have filed the special appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules, which is applicable to this Court.

3. A preliminary objection was raised by