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41. This distinction has been drawn by their Lordships of the Supreme Court in a later decision in Maharashtra SRTC v. Casteribe Rajya Parivahan Karmchari Sanghatana, (2009) 8 SCC 556 : (2009) 2 SCC (L&S) 513. In the said decision, their Lordships while considering the power of the Labour Court under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, held that the power of the Industrial and Labour Courts to take affirmative action under Section 30(1)(b) of the said Act, in case of unfair labour practice and to order regularization/ permanency, are not affected by the decision of the Constitution Bench in Secretary, State of Karnataka vs. Umadevi (3) (supra). Explaining this distinction, their Lordships in Maharashtra SRTC v. Casteribe Rajya Parivahan Karmchari Sanghatana (supra) have held:

47. So far as Writ - C No.20684 of 2001 is concerned, the genesis of proceedings and the award there set out hereinbefore shows that it is founded on the foot of a claim by the workmen that their services were illegally terminated pending decision of Adjudication Case no.103 of 1987, in violation of Section 6-F of the Act. A perusal of the impugned award passed in this case, whereby termination of services of the workmen pending Adjudication Case no.103 of 1987 has been declared illegal and the workmen ordered to the reinstated with back-wages, is an award that proceeds on the edifice of findings and the award made in Adjudication Case no.103 of 1987, that holds the workmen to be seasonal. This award holds the workmen's services to have been terminated in violation of Clause L of the Standing Orders which require 15 days notice to be given by the Employers to the workmen who are seasonal. The findings have proceeded on the premise that the workmen are seasonal, and that premise is in turn founded on the award made the same day as the impugned award, declaring the workmen to be seasonal. Since the award passed in Adjudication Case no.103 of 1987 has been quashed by this Court with a remand of the matter to the Labour Court to record findings afresh, the impugned award is also required to be quashed with a direction to the Labour Court to determine this case afresh, which it will do bearing in mind its findings and conclusions recorded in Adjudication Case no.103 of 1987. It goes without saying that the Labour Court will hear and decide together upon this remand Misc. Case no.404 of 1987 and Misc. Case no.90 of 1991 together with Adjudication Case no.103 of 1987, all of which would be decided within a period of four months of receipt of this order by the Presiding Officer, Labour Court, U.P., Gorakhpur or its successor Court, if re-constituted.

66. Writ - C No.20683 of 2001 shall be listed after the Labour Court makes its award afresh in Adjudication Case no.118 of 1987.

67. In the result, Writ - C No.4975 of 2001 is allowed in part and the impugned award dated 11.08.1999 passed by the Presiding Officer, Labour Court, U.P., Gorakhpur, in Adjudication Case no.103 of 1987 is hereby quashed. The said Adjudication Case shall stand restored to the file of the Presiding Officer, Labour Court, U.P., Gorakhpur, or whichever Labour Court is now competent to deal with this Adjudication Case, with a direction that the Labour Court concerned shall decide the Adjudication Case afresh within a period of four months of receipt of this order by the Presiding Officer, Labour Court, U.P., Gorakhpur, or its successor Court, if reconstituted. In making its fresh award, the Labour Court shall bear in mind what has been held by this Court in this judgment in so far as it relates to Writ - C No.4975 of 2001.

69. Writ - C No.4976 of 2001 is allowed in part and the impugned award dated 11.08.1999 passed in Adjudication Case no.118 of 1987 passed by the Presiding Officer, Labour Court, U.P., Gorakhpur, is hereby quashed. The said Adjudication Case shall stand restored to the file of the Presiding Officer, Labour Court, U.P., Gorakhpur, or whichever Labour Court is now competent to deal with this Adjudication Case, with a direction that the Labour Court concerned shall decide the Adjudication Case afresh within a period of four months of receipt of this order by the Presiding Officer, Labour Court, U.P., Gorakhpur, or its successor Court, if reconstituted. In making its fresh award, the Labour Court shall bear in mind what has been held by this Court in this judgment in so far as it relates to Writ - C No.4975 of 2001.