CWP No.4103 of 1991 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.4103 of 1991 Date of decision:08.07.2011 Ram Chand ..... Petitioner Versus The Presiding Officer, Labour Court and another ..... Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr.Gulshan Sharma, Advocate for the petitioner. Mr.S.S.Sahu, AAG, Punjab for the respondent no.2. ***** RAJIVE BHALLA, J. (Oral) The petitioner lays challenge to an award dated 25.07.1990, passed by Presiding Officer, Labour Court, Bathinda, on the plea that he is entitled to back-wages for the period he remained unemployed. Counsel for the petitioner submits that as held by the Labour Court, Bathinda, the petitioner's termination is void. As a necessary consequence, the Labour Court should have awarded back-wages to the petitioner from the date of his termination upto his reinstatement. Counsel for the respondent no.2 submits that apart from the fact that back-wages is not a right but a discretion available to the Labour Court, the petitioner should be satisfied with his reinstatement as the reference was filed more than three years after the order of termination. It is further argued that as the petitioner has been ordered to be reinstated with continuity of service, the writ petition should be CWP No.4103 of 1991 -2- dismissed. I have heard counsel for the parties, perused the impugned order and find no reason to interfere with the award passed by the Labour Court. The petitioner has been reinstated with continuity of service. Award of back-wages is discretionary in nature. In the absence of any perversity in the exercise of discretion by the Labour Court, the impugned order does not require interference. It would also be necessary to point out that the petitioner has been reinstated with continuity of service despite the fact that he preferred the reference after a period of more than three years. In this view of the matter, the writ petition is dismissed with no order as to costs. 08.07.2011 [RAJIVE BHALLA] shamsher JUDGE