IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Civil Writ Petition No.13757 of 1989
Date of decision:08.12.2009
Ram Dhari ....Petitioner
versus
The Presiding Officer, Labour Court, Ambala and another
...Respondents
CORAM: HON'BLE MR. JUSTICE K. KANNAN
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Present: Mr. R.K.Malik, Senior Advocate, with Mr. Ashish
Choudhary, Advocate, for the petitioner.
None for the respondents.
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1. Whether reporters of local papers may be allowed to see the
judgment ?
2. To be referred to the reporters or not ?
3. Whether the judgment should be reported in the digest ?
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K.Kannan, J. (Oral)
1. The writ petition challenges that portion of the award which
disallows back wages to the workman. The writ petition filed by the
management against the very same award directing reinstatement was
disposed of by this Court in Civil Writ Petition No.5564 of 1989 on
07.12.2009. I confirmed the award, taking note of the fact that the
workman had been reinstated in terms of the award and he had also been
superannuated from service. The award challenging the reinstatement
was, therefore, found to have become infructuous. The claim for back
wages shall also be disallowed. The workman having obtained the
benefit of reinstatement and also superannuated, I do not think that there
is any need for modifying even the directions for back wages. The award
Civil Writ Petition No.13757 of 1989 -2-
of the Labour Court shall stand confirmed as regards the finding of
disentitlement of back wages also. The writ petition is dismissed.
(K.KANNAN)
08.12.2009 JUDGE
sanjeev