After three court hearings and as many meetings BIU workers voted to return to work last night after a three-day strike which has hit transport and post-Fabian clean-ups.

The vote came after Government gave them breathing space by not immediately seeking to slap an injunction on them giving powers of arrest.

Bermuda Industrial Union president Derrick Burgess said: "The workers decided to return to work (tomorrow)," said Mr. Burgess.

"We are pleased to be going back to work but we are also pleased we took the action."

The action involving his 4,000-strong union was in support of two colleagues sacked from CableVision, including technician David Green.

Mr. Burgess said CableVision staff would also return to work and David Green's case would now to "go down another avenue".

Mr. Burgess would not reveal whether the decision to return to work was taken unanimously or by a majority.

When asked if he was aware of the criticism of the timing of this industrial action, he replied: "I had a friend who passed away. I was disappointed with the timing. We have no control over such things."

Labour Minister Randy Horton said: "I am really delighted and relieved people will be able to get buses and we will get back to normalcy.

"I think Bermuda has to be pleased. I am certainly moved that children can go back to school, the docks can be cleared, the trash can be picked up.

"I disappointed the decision didn't come before now. I would have liked for the resolution to have come voluntarily.

"But I thank the union president and the union members for coming to the decision they have come to."

Government confirmed last night bus and ferry services will return to regular schedules ending the nightmare commutes into Hamilton for Islandrs since the work stoppage began.

Yesterday's strike action was illegal after Mr. Horton had evoked the Trade Disputes Act on Wednesday evening which he said was "something he had to do."

And yesterday Government also continued injunction proceedings, began late on Wednesday, by Attorney General Paula Cox under the Labour Relations Act 1975.

She said the injunction application had been made because the strike was disrupting clean-up efforts in the aftermath of Hurricane Fabian.

Under the Labour Relations Act 1975, industrial action taken by an essential service requires 21 days' notice.

Essential industries under the act which have been involved in the CableVision dispute include waste, port and dock services including pilots and tug operators, postal workers and telecommunications.

On Wednesday night Acting Chief Justice Norma Wade-Miller adjourned the hearing to yesterday morning to allow the union to also be heard.

That session was adjourned too when it was discovered the union had not been served with notice of the hearing.

Court officers were seen entering the BIU headquarters at lunch-time and the hearing began at 2.30 p.m. with Government and BIU lawyer Kim Wilson present.

That hearing was adjourned for the situation to put to BIU members to see if they would go back to work.

But when the BIU returned to court at 5 p.m. it asked for more time to make a decision.

Solicitor General Wilhelm Bourne said Government had been happy to giving the union breathing space and agreed to yet another adjournment this morning.

He told The Royal Gazette: "I took the position in light of what their counsel said that if they needed a little bit more time to decide whether to go back to work or take a different position, (that was okay).

"They indicated more time would be helpful so I said let them have the time in the interests of being amicable.

"Because they have so many members the time between 3.30 p.m. when that hearing finished and 5 p.m. was too constraining."

He said the BIU's lawyer Kim Wilson had only come into the case yesterday as regular BIU lawyer Delroy Duncan was off the Island.

The union's decision to return to work came last night shortly before 7 p.m. but the injunction hearing will still be held this morning where Government lawyers could withdraw the application.

Mr. Bourne said: "That position we will have to see when the time comes."

Asked why the injunction was needed when the strikers were already breaking the law under the Trade Disputes Act Ms Cox said the two legal gambits had been launched simultaneously but independently.

"It makes sure we are not sitting idly by, certainly from the Attorney General's point of view, you have a public interest to protect your role."

Under the injunction the Government could seek prison to arrest strikers or get damages from the union.

Workers leaving last night's meeting at the BIU appeared in jubilant mood shouting "back to work, we are going back to work" as they left the closed meeting at the BIU headquarters.

Garbage collection will continue on a daily basis until further notice on main roads and artery roads, Government said last night - the services of private sector companies brought in for emergency trash collection have been dispensed with.

Last night Works and Engineering Minister Terry Lister said he hoped time lost work on the shattered Causeway could be made up.