CWP No.19175 of 2002 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CASE NO.: CWP No.19175 of 2002
DATE OF DECISION: July 2, 2008
STATE OF HARYANA ...PETITIONER
VERSUS
MOHINDER KUMAR & ANOTHER ...RESPONDENTS
CORAM: HON’BLE MR. JUSTICE ASHUTOSH MOHUNTA.
HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.
PRESENT: MR. D.S. NALWA, ADDL.A.G., HARYANA
FOR THE PETITIONER.
MR. GURINDER PAL SINGH, ADVOCATE
FOR RESPONDENT NO.1.
ASHUTOSH MOHUNTA, J.(ORAL)
The challenge in the writ petition is to the award (Annexure
P-7) dated 14.2.2002, vide which respondent No.2 has been ordered to be
reinstated on his previous post with continuity of service and 60% back
wages from 23.12.1994, i.e. from the date of reference.
Counsel for the workman-respondent No.2 states that the award
was implemented partly and the workman was taken back in service on
13.12.2004. The workman is present in Court. He states that he is ready
and willing to forego his entire back wages as awarded by the Labour Court.
Taking into consideration the equities involved at this juncture,
i.e. the workman having being taken back in service and is working since
2004, therefore, we do not intend to disturb the impugned award as far as
reinstatement of the petitioner is concerned. Accordingly, we modify the
CWP No.19175 of 2002 -2-
award (Annexure P-7) with a direction that respondent No.2 shall not be
entitled to any back wages.
The writ petition is disposed of.
(ASHUTOSH MOHUNTA)
JUDGE
July 2, 2008 (KANWALJIT SINGH AHLUWALIA)
Gulati JUDGE