IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP No.2290 of 2007 Date of Decision: October 12, 2011 Sunita Kumari ..Petitioner Versus MD HRTC .. Respondent Coram The Hon’ble Mr. Justice Surjit Singh, Judge. Whether approved for reporting?1 For the Petitioner : Mr. Sajeev Bhushan, Advocate. For the Respondent: None. __________________________________________ Surjit Singh, Judge (oral) Nobody appears for the respondent. 2. Petitioner’s counsel has been heard and record gone through. 3. Petitioner, who had been working as Part Time Clerk with the respondent, was removed from service. She approached the Labour Commissioner for making reference to Industrial Tribunal-cum-Labour Court. Reference was made on her request. Industrial Tribunal-cum-Labour court, vide Award dated 2.8.2006, held that removal/termination of the petitioner was illegal, being violative of Section 25-F of Industrial Disputes Act and consequently ordered the reengagement of the petitioner. Whet her report ers of t he l ocal papers may be al l owed t o see t he j udgment ? É2É Order said that the petitioner will be reengaged, but she would not be entitled to seniority and back-wages. Petitioner is aggrieved by the part of the order which says that she will not be entitled to seniority and back-wages. So, she has filed the present petition, under Article 26/227 of the Constitution of India. 4. Learned Industrial Tribunal-cum-Labour Court has very categorically held that termination of the petitioner was illegal. Now, when termination has been held to be illegal, learned Industrial Tribunal-cum-Labour Court ought not to have declined the benefit of seniority and back-wages to the petitioner, unless there were strong reasons for doing so. In the present case, no such reasons have been given. Order of Industrial Tribunal-cum-Labour Court is, thus, arbitrary and hence, not sustainable. 5. Consequently, writ petition is allowed and award of Industrial Tribunal-cum-Labour Court is modified to the extent that the petitioner will be entitled to seniority as also the back-wages to the extent of 50%. Petition stands disposed of. October 12, 2011 (ss) (Surjit Singh), J.