IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 8498 of 2010. [O&M] Date of Decision: 11th May, 2010. Balbir Singh Petitioner through Ms. Padam Kant Dwivedi, Advocate Versus State of Punjab & Ors. Respondents. CORAM: HON'BLE MR. JUSTICE SURYA KANT. 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? SURYA KANT, J. [ORAL] Notice of motion. Mr.K.S.Sidhu, learned DAG, Punjab, accepts notice on behalf of the respondents. Keeping in view the nature of order which I propose to pass, there is no need to ask the respondents to file any counter-affidavit at this stage. The short grievance of the petitioner is that his service period w.e.f. 11.8.1976 to 10.8.1982 has not been counted towards the “qualifying service” for the purposes of pension and other retiral benefits. Suffice it to observe that the petitioner was a Conductor in the Punjab Roadways and during the afore-stated period, his services remained dispensed with. He raised an industrial dispute which was answered in his favour by the Labour Court vide Award dated 4.5.1982 [Annexure P-1] whereby he was ordered to be re- instated in service 'with continuity of service' and '30% of the back- wages'. The petitioner was accordingly taken back in Government service. Meanwhile, Civil Writ Petition No. 5982 of 1983 filed by the Department against the award of the Labour Court was partly allowed by this Court on 31.10.2000 [Annexure P-2] and the award of back- wages was set aside. In this manner, the petitioner remained re-instated in service with 'continuity of service'. However, the respondents have not taken into account the afore-stated period as a part of 'qualifying service' for the purposes of pension and other retiral benefits. In my considered view, once the petitioner has been re-instated with continuity of service, he shall be deemed to have served during the aforementioned period even if no wages were paid to him for such service. The resultant effect in law would be that the said period has to be counted towards seniority as well as other service benefits like notional pay fixation, or qualifying service for post-retiral benefits. The writ petition is accordingly allowed and the respondents are directed to do the needful within a period of three months from the date a certified copy of this order is received. Dasti. May 11, 2010. ( SURYA KANT ) dinesh JUDGE