IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 19038 of 2008 Date of decision: 18.02.2009 The Brah Khurd Primary Agricultrure Co-op. Society Limited .....PETITIONERS VERSUS Attar Singh and others ..... RESPONDENTS CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present: Mr. Jagdeep Singh, Advocate, for the petitioner. Mr. S.S.Malik, Advocate, for respondent No. 1. *** AUGUSTINE GEORGE MASIH, J. (ORAL) Written statement on behalf of respondent No. 1 has been filed in the Court and the same is taken on record. In the present writ petition, the challenge is to the order dated 01.02.2006 (Annexure P-3) passed by the Industrial Tribunal-cum-Labour Court, Hisar, wherein the Labour Court has proceeded to allow the application of the workman to the extent that the direction has been issued to the Management to pay him the amount of increments and wages, which were not paid to him after 31.12.1991 despite his entitlement in terms of regular pay scale of Rs. 950-1500/-. CWP No. 19038 of 2008 -2- Counsel for the petitioner contends that this was never an issue before the Labour Court and, therefore, no opportunity was granted to the petitioner to put forth the submissions and the pleadings with regard to this issue of his entitlement of the basic pay of Rs. 950-1500 and the increments and other benefits w.e.f. 31.12.1991. He contends that an opportunity be granted to the petitioner to put forth his submissions, which would be in the form of pleadings and the evidence to assist the Labour Court to come to a conclusion with regard to the findings, which have been given in favour of respondent No. 1-workman. Counsel for respondent No. 1 has no objection to the said assertion put forth by the counsel for the petitioner. The order of the Labour Court dated 01.02.2006 (Annexure P- 3) is set aside. Parties are directed to appear before the Labour Court on 16.03.2009. It will be open to the petitioner and the respondents to produce their respective pleadings and evidence on the question with regard to the entitlement of the grant of regular pay scale of Rs. 950-1500 along with increments and wages, which have not been paid to the workman after 31.12.1991. The petition stands disposed of accordingly. ( AUGUSTINE GEORGE MASIH ) JUDGE February 18, 2009 pj