JUDGMENT

Rajendra Babu, J.-The Central Government made a reference by an order made on 21.6.1985 under Section 10 of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act ) for adjudication of the following question :

"Whether the action of State Bank of India in relation to their Gorakhpur Branch in terminating the services of Shri Ram, Chandra Dubey and 25 other employees of the Bank, (as mentioned in Annexure) is justified? If not, to what relief are the workmen concerned entitled?"

2. The case put forth by the workmen is that they were appointed between 25.5.1961 to 19.1.1962 for a period of two months and continued further from time to time. They alleged that their services were terminated on 16.8.1969. The Tribunal passed an award that the workmen are entitled to be reinstated in service with effect from 16.8.1969. The award was, however, silent in regard to payment of back wages for a period between the date of termination of the workmen and their reinstatement. Challenging the said award, a writ petition [No.9901/87] was filed by the appellant before the High Court. That petition was, however, dismissed. During the course of hearing in that petition, a content