Judgment:
LPA No.382 of 2014 (O & M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** LPA No.382 of 2014 (O & M) Date of decision : 13.5.2014 State of Haryana and others ........Appellants versus The Presiding Officer, Labour Court, Ambala and another ......Respondents CORAM: Hon'ble Mr.Justice Jasbir Singh Hon'ble Mr.Justice Harinder Singh Sidhu Present:- Mr.S.S.Pattar, Sr.DAG, Haryana, for the appellants Mr.Deepak Sharma, Advocate, for respondent No.2 --- Jasbir Singh, J.
(Oral) The respondent-workman was ordered to be reinstated in service with continuity and on payment of 50% back wages by the Labour Court vide order dated 29.2.2012.
That order was put under challenge by the appellant-State by filing CWP No.20251 of 2012, which was dismissed by the learned Single Judge on 23.8.2013.
Order passed by the Labour Court was upheld.
On 10.3.2014 following order was passed by this Court :- “It is stated by counsel for the appellant that pursuant to an award, passed by the Labour Court on 29.2.2012 and also order passed in CWP No.20251 of 2012 on 23.8.2013, the respondent-workman was taken back in service.
In view of above, we are not inclined to interfere in the order passed.
Faced with the situation, State counsel restricts his claim only qua grant of back wages, which was granted to the Kumar Ashwani 2014.05.21 10:49 I attest to the accuracy and integrity of this document LPA No.382 of 2014 (O & M) -2- extent of 50% by the Labour Court.
Notice of motion for 22.4.2014.
Dasti also.”
.
It is on record that after judgment was pronounced in above said writ petition on 23.8.2013, the respondent-workman was taken back in service.
Noting above fact, counsel for the appellant restricted his claim qua grant of back wages to the extent of 50%.
Mr.Deepak Sharma, Advocate, has put in appearance on behalf of the respondent-workman and on getting instructions, very fairly states that let back wages be not paid to him on account of reinstatement.
However, he has stated that he be given continuity in service and further directions be issued to the appellant to consider his case for regularization, as per policy of the State Government.
To the prayer made, no objection has been shown by the State counsel.
In view of above, this appeal stands disposed of and as per offer made, the respondent-workman shall not be entitled to get back wages.
However, continuity in service be provided to him and his case be considered for regularization, as per policy of the State Government.
Needful shall be done within 3 months from today.
(Jasbir Singh) Judge (Harinder Singh Sidhu) Judge 13.5.2014 Ashwani Kumar Ashwani 2014.05.21 10:49 I attest to the accuracy and integrity of this document