IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.4598 of 1999 Date of decision:26.08.2009 Punjab Spinning & Weaving Mills Ltd. ...Petitioner versus Jeet Kaur and others ...Respondents 2. Civil Writ Petition No. 4818 of 1999 Punjab Spinning & Weaving Mills Ltd. ...Petitioner versus Swaran Kaur and others ...Respondents CORAM: HON'BLE MR. JUSTICE K.KANNAN Present: Ms. Monika Kansal, Advocate, for Mr. Puneet Kansal, Advocate, for the petitioner. None for the respondents. ---- 1. Whether reporters of local papers may be allowed to see the judgment ? 2. To be referred to the reporters or not ? 3. Whether the judgment should be reported in the digest ? ---- K.Kannan, J.(Oral) 1. The two writ petitions challenge the award of the Labour Court directing reinstatement with continuity of service and back wages. The workman had been imputed with the charge of misconduct and terminated from service without any enquiry. Even before the Labour Court, no attempt was made by the management to substantiate the charge by letting in any independent evidence. The Labour Court, therefore, found that the termination was bad and directed reinstatement. Civil Writ Petition No.4598 of 1999 - 2 - 2. I do not find any error in the award of the Labour Court to subject it to any judicial intervention in the writ petition. However, the Company has since been ordered to be wound up and proceedings are reported to be pending before the Official Liquidator for distribution as per the provisions of the Companies Act. In similar class of cases against the very same management, cases had been disposed of by this Court that instead of reinstatement and back wages, due regard being given to the status of the Company in its winding up, providing for 40% of the back wages to the workman from the date of termination till the date when the winding up order took effect. The same shall also apply to the workman in this case. The award of the Labour Court shall, therefore, now stand modified to provide for the relief of back wages alone to the extent of 40% and they are entitled upto the date of the winding up order. 3. The writ petitions are disposed of as above. No costs. (K.KANNAN) JUDGE 26.08.2009 sanjeev