Civil Writ Petition No.16583 of 2006 1 In the High Court of Punjab and Haryana, at Chandigarh. Civil Writ Petition No.16583 of 2006 Date of Decision: 15.9.2008 M/s New Midh Bhabra Transport Company (P) Limited …Petitioner Versus Presiding Officer, Labour Court, Gurdaspur and Another …Respondents CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. R.S.Ahluwalia, Advocate for the petitioner. None for respondent No.1. Mr. Sanjiv Bindra, Advocate for respondent No.2. Hemant Gupta, J. The petitioner is aggrieved against the Award of the Labour Court dated 6.6.2006, whereby the termination of services of respondent No.2-workman was set aside and he was ordered to be reinstated with continuity of service and payment of 50% back wages from the date of termination. There was a dispute regarding implementation of the Award, wherein the reinstatement of respondent No.2-workman was ordered. This Court, on 16.11.2007, directed Labour-cum-Conciliation Officer, Batala, to oversee the joining of respondent No.2 and send a report. Civil Writ Petition No.16583 of 2006 2 The petitioner was also directed to pay a sum of Rs.25,000/- to be adjusted towards the claim of respondent No.2-workman when final order is passed in the writ petition. In pursuance of the said order, Labour-cum-Conciliation Officer, Batala, has given his report dated 19.12.2007 to the effect that the petitioner has reinstated respondent No.2-workman. However, counsel for respondent No.2-workman states that the workman is still not being permitted to join and work. After hearing counsel for the parties, we are of the opinion that the services of the respondent No.2-workman on 2.9.1998 were terminated without any charge sheet or any inquiry. In view of the said fact, the Award of the Labour Court dated 6.6.2006 does not suffer from any patent illegality and material irregularity when the Labour Court ordered reinstatement of respondent No.2-workman with continuity of service and also to grant 50% of the back wages. But in view of the dispute between the parties regarding actual joining of respondent No.2-workman, we deem it appropriate to direct the petitioner to pay the wages to respondent No.2-workman from the date of his joining on 12.12.2007, as per the report of Labour- cum-Conciliation Officer, Batala. However, it shall be open to the petitioner to proceed against respondent No.2-workman, in accordance with law, as may be permissible. However, the petitioner shall continue to pay wages, in terms of report of the Labour-cum- Conciliation Officer, Batala. The amount of Rs.25,000/- deposited in terms of the order dated 16.11.2007 shall be adjusted towards the dues payable to Civil Writ Petition No.16583 of 2006 3 respondent No.2-workman in terms of the Award and as a consequence of joining of respondent No.2-workman on 12.12.2007. The present petition stands disposed of. (Hemant Gupta) Judge (Kanwaljit Singh Ahluwalia) Judge September 15, 2008 “DK”