IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 7887 of 2010 Date of Decision : May 03, 2010. Malkit Singh ...... Petitioner. Versus. Kshatria Punjab Khadi Mandal, Kharar, District Mohali, and another ..... Respondents. CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH. Present:- Mr. Arvind Kashyap, Advocate, for the petitioner. AUGUSTINE GEORGE MASIH, J. (ORAL). Counsel for the petitioner contends that, vide impugned Order dated 22.02.2010 (Annexure-P-1), although, the petitioner has been reinstated in service, but only 10 per cent back wages have been granted to him. He submits that it is too meager an amount, which has been directed to be paid to the petitioner and the petitioner could have been granted full back wages or at least some more back wages. Heard counsel for the petitioner and have gone through the records of the case. It is not the case of the petitioner that during the period, after his termination till passing of the Award, he remained un-employed. There is no pleading in the writ petition in this regard. Nothing has been placed on record that such a fact was proved before the Labour Court. As per the judgment of Hon'ble the Supreme Court, the onus is on the Workman to show that he had not worked during the period, after his termination and till C.W.P. No. 7887 of 2010. -2- the date of giving evidence before the Labour Court That onus having not been discharged by the Workman, the grant of 10 per cent back wages by the Labour Court, on the presumption that the Workman would have been employed for the last ten years, which factum counsel for the petitioner could not dispute during the course of arguments, fully justifies grant of 10 per cent back wages. No interference in the exercise of discretionary powers, that too when the same is based on justifiable reasons, is called for. Finding no merit in the present writ petition, the same stands dismissed. (AUGUSTINE GEORGE MASIH) JUDGE May 03, 2010. sjks.