IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 12892 of 2008. Date of Decision : April 28, 2009. International Medical Devices Pvt. Limited. ....... Petitioner. Versus. The Presiding Officer,Labour Court,Gurgaon,and another. ....... Respondents. CORAM:HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH. Present:- Mr. P.R. Yadav, Advocate, for the petitioner. Mr. R.N. Sharma, Advocate, for the respondent No. 2. AUGUSTINE GEORGE MASIH, J. (ORAL). Written statement on behalf of respondent No. 2 has been filed in the Court, copy whereof has been handed over to counsel for the petitioner and the same is taken on record. In the present writ petition, the challenge is to the ex-parte award dated 29.01.2008 (Annexure-P-6), vide which the Labour Court, Gurgaon, had directed the reinstatement of the workman with back wages to the extent of 30% on the basis of last drawn salary. When the case came up for hearing before this Court on 25.07.2008, a contention was raised by counsel for the petitioner that the petitioner-company has closed its operation C.W.P. No. 12892 of 2008. at Gurgaon, on 30.03.2006, and has also surrendered the licence. A direction was issued by this Court to the petitioner-company to deposit the back wages as awarded by the Labour Court from the date of passing of the award till 30.03.2006 when the petitioner-company stood closed. In compliance with such order passed by this Court, the petitioner-company deposited Rs. 62,965/- in the o/o Deputy Labour Commissioner, Gurgaon, on 21.10.2008. Vide order dated 24.02.2009, a direction was issued by this Court to the petitioner-company to file an affidavit that the petitioner has stopped its operations in Gurgaon, and has not yet started its operation in Mahendergarh. Accordingly, an affidavit dated 17.03.2009 was filed in this Court on 18.03.2009, copy whereof was handed over to counsel for the respondent No. 2. There is no controversy to the factual submissions made by the petitioner in its affidavit dated 17.03.2009. That being so, the position which emerges therefore, is that in compliance with the award passed by the Labour Court, the workman cannot be put back in service as the petitioner-company stood closed w.e.f. 30.03.2006. The claim, if any, which the workman would have as per the award dated 29.01.2008 which was passed ex-parte against the petitioner-company can only be given effect by granting the workman back wages as granted by the Labour Court from the date of his termination till the date the petitioner-company stood closed i.e. 30.03.2006. Since the said amount which the workman would be entitled to as per award from the date of termination till the date of closure of the petitioner-company stands deposited with the Deputy Labour Commissioner, -2- C.W.P. No. 12892 of 2008. Gurgaon, on 21.10.2008, amounting to Rs. 62,965/-, the workman would be entitled to claim the same. If any application is moved by the workman before the Deputy Labour Commissioner, Gurgaon, for release of an amount of Rs. 62,965/- as deposited by the petitioner-company, the Deputy Labour Commissioner, Gurgaon, shall release the same within a period of one week from the date of such application. Accordingly, the writ petition is disposed of in above terms. (AUGUSTINE GEORGE MASIH) JUDGE April 28, 2009. sjks. -3-