IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: November 11, 2010 1. L.P.A. No. 1527 of 2010 (O&M) Haryana Seeds Development Corporation Limited …Appellant Versus Birender Singh and another …Respondents 2. L.P.A. No. 1528 of 2010 (O&M) Haryana Seeds Development Corporation Limited …Appellant Versus Rishi Pal Singh and another …Respondents CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MS. JUSTICE RITU BAHRI Present: Mr. Vishal Gupta, Advocate, for the appellant. 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M. KUMAR, J. This order shall dispose of LPA Nos. 1527 and 1528 of 2010 preferred by the Haryana Seeds Development Corporation Limited against the common judgment dated 28.5.2010 rendered by the learned Single Judge of this Court upholding the award of the Labour Court with modification of restricting back wages to 50%. The learned Single Judge has found that on 16.12.1996 the appellant-management was directed to prepare seniority of the workmen afresh keeping in view the dates of initial appointments although on 89 days basis. Accordingly, fresh seniority list was prepared and the initial date of appointment of workmen Birender Singh (in LPA No. 1527 of 2010) was 29.9.1986 and that of workman Rishi Pal Singh (in LPA No. 1528 of 2010) was 7.10.1985. Both these workmen were found to be senior to other workmen like Shri Rajinder Kumar, L.P.A. Nos. 1527 & 1528 of 2010 (O&M) whose date of initial appointment was 10.10.1985, which is later than the date of initial appointment of workman Rishi Pal Singh, who was appointed on 7.10.1985. Likewise, Shri Om Singh was appointed much later on 6.11.1986 than workman Birender Singh, who was appointed on 29.9.1986. Accordingly, learned Single Judge held that persons junior to the respondent-workmen were re-employed without making any such offer to them. Accordingly, the award was upheld but the amount of back wages were restricted to 50%. After hearing learned counsel at some length, we are of the considered view that the appeals are without any merit. The reinstatement of the workmen with 50% back wages is fully justified because there is no adverse factor like lack of work, loss of confidence by the management and delay on the part of the workmen. Accordingly, these appeals fail and are hereby dismissed. A photocopy of this order be placed on the file of connected cases. (M.M. KUMAR) JUDGE (RITU BAHRI) November 11, 2010 JUDGE Pkapoor 2