C.W.P.No.16302 of 1994 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 16302 of 1994 Date of Decision:September 22,2011 State of Haryana through Transport Commissioner, Haryana, Chandigarh and another. ...Petitioners Versus The Presiding Officer, Industrial Tribunal, Labour Court, Gurgaon and others. ...Respondents CORAM; HON'BLE MR.JUSTICE ALOK SINGH 1. Whether Reporters of local news papers may be allowed to see judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? Present: Mr. Dipak Girotra, A.A.G, Haryana. for the petitioners. None for the respondents. Alok Singh, J (Oral) Present petition is filed impugning the Award dated 17.6.1993 whereby Labour Court has directed the reinstatement of respondent Nos.2, 3 and 4 with continuity of service and with full back wages. This Court, while issuing the notice of motion on 15.11.1994, has stayed the payment of back wages only. Mr.Dipak Girotra, Assistant C.W.P.No.16302 of 1994 2 Advocate General, Haryana, appearing for the petitioners states that in any case, respondent Nos. 2, 3 and 4 are not entitled for back wages without proving that they were not employed and were not earning anything during the intervening period. None has appeared on behalf of the respondents on 28.7.2011, 23.8.2011 as well as on 21.9.2011. I have gone through the record and have heard Assistant Advocate General, Haryana. From the perusal of the record, I find that neither any notice was issued nor any payment was made in lieu thereof nor any retrenchment compensation was paid to the respondents, therefore, Award passed by the learned Labour Court need not be interfered. However, learned Labour Court has granted full back wages without recording any finding on the question as to whether private respondents remained unemployed during the intervening period. Present petition is disposed of confirming the impugned Award as far as it relates to the reinstatement of the private respondents but directions of the learned Labour Court for payment of full back wages stands set-aside. (Alok Singh) September 22, 2011 Judge BB