JUDGMENT

Abhay Manohar Sapre, J.

These appeals are filed against the common final judgment and order dated 16.04.2007 passed by the High Court of Judicature at Madras in Writ Appeal Nos.3789 of 2003 and 3790 of 2003 whereby the High Court allowed the appeals filed by the respondents and directed the appellant to reinstate the respondents with continuity of service and other attendant benefits but without payment of back wages.

2. In order to appreciate the issues involved in these two appeals, it is necessary to set out the facts in detail.

3. The appellant in both the appeals is a Public Sector undertaking known as-Bharat Heavy Electricals Ltd.(BHEL). It has a plant at Ranipet in District Vellore, Tamil Nadu. M. Mani-Respondent in Civil Appeal No.10766/2013 and T.A. Mathivanan(since dead) and represented by his legal representatives-respondent in connected Civil Appeal No.10767/2013 were the employees of BHEL at all relevant time and were working as Driver Grade II in the plant.

4. On 17.02.1991, both the respondents were on duty in the night shift in the Plant. They were supposed to remain present all the time in the Transport Department of the Plant so that on receiving the call they