Judgment

Kurian, J.

Leave granted.

2. Short question is whether the respondents-workmen are entitled to the back wages till the beginning of January, 1995 or till January, 1999. The Labour Court, Bangalore by award dated 02.08.2002 directed reinstatement of the workmen with 50 per cent back wages. That award was challenged by the appellant before the High Court of Karnataka at Bangalore by judgment dated 14.03.2008 in Writ Petition No. 41489 of 2002. Though the appellant attacked the award on several grounds, the learned Single Judge declined to interfere with the award on reinstatement. However, taking note of the fact that the industry was virtually closed by the beginning of January, 1995, it was ordered that the award on back wages would be limited to January, 1995. The learned Single Judge, in fact, had entered a finding in that regard which reads as follows:-

“From the record it shows that the industry was functioning till the beginning of 1995 and the Union though has led the evidence but has not proved as to whether the industry was functioning thereafter or not.”

3. In appeal, the Division Bench took the view that apart from the sole evidence of MW-3, there was no other evidenc