CWP No. 3772 of 1994 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 3772 of 1994 Date of decision: 24.05.2010 Karuna Nidhi ...... PETITIONER VERSUS The Presiding Officer, Labour Court, U.T. Chandigarh and another ....... RESPONDENTS CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present: Mr. Dinesh Kumar, Advocate, for the petitioner. Mr. Deepak Sharma, Advocate, for respondent No. 2. *** AUGUSTINE GEORGE MASIH, J. (ORAL) Counsel for the petitioner contends that the impugned Award passed by the Labour Court, U.T. Chandigarh declining the full back wages to the petitioner and granting only 60% back wages cannot be sustained. He contends that the Labour Court has come to a finding that the workman had completed more than 240 days in service and, therefore, termination was not in accordance with Section 25-F of the Industrial Disputes Act but CWP No. 3772 of 1994 2 still while reinstating the petitioner, the petitioner had been granted only 60% back wages, which cannot be sustained. On the other hand, counsel for respondent No. 2 submits that the Labour Court has the discretion to grant the relief. It has taken into consideration the fact that the petitioner was a labourer and, therefore, he could not sustain himself without doing some other work. Therefore, the Court has rightly granted him 60% back wages. I have heard the counsel for the parties and have gone through the records of the case. The Labour Court has taken into consideration the aspect that the petitioner-workman was a labourer and was living with his wife, therefore, he would have done some work to sustain himself. The Labour Court has rightly taken into consideration this aspect and held him entitled to grant 60% back wages which cannot be said to be either unjustified or not in accordance with law. Finding no merit in the present writ petition, the same stands dismissed. ( AUGUSTINE GEORGE MASIH ) JUDGE May 24, 2010 pj