ORDER

Both the above captioned petitions filed under Article 226 of the Constitution of India, lay challenge to award dated 3.9.2015 (Annexure P-1), passed by the Industrial Tribunal-cum-Labour Court, Shimla (in short <the Tribunal=), whereby the learned Tribunal below while ordering reinstatement of the respondents-claimants in CWP No. 2280 of 2016 and petitioners in CWP No. 841 of 2017, with seniority and continuity, refused to grant back wages.

2. For the sake of brevity, facts of CWP No. 2280 of 2016 are being taken notice herein below and for more clarity, parties shall be referred as employer and claimants herein after.

3. For having bird’s eye view, certain undisputed facts, as emerge from the record are that claimants, who were appointed on daily wage basis in the respondent-department, in the month of March, 1996, August, 2006 and 27.4.2008, respectively, made representation to the Labour Inspector, Paonta Sahib, vide application dated 28.5.2009, with regard to weekly rest. Since no action came to be taken by the Labour Inspector, Paonta Sahib, on the demand raised by the claimants, they served upon the competent authority notice under Section 7 A of The Employees’ Provident