IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 17345 of 2009 Date of Decision : May 21, 2010. Krishan Kumar Kaushik s/o Balbir Singh r/o H. No. 299, Gali No. 5 Anand, Bhudant Colony, Ballabhgarh, District Faridabad. ...... Petitioner. Versus. The Presiding Officer, Industrial Tribunal-cum-Labour Court-II, Faridabad, and another ..... Respondents. CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH. Present:- Mr. P.L. Verma, Advocate, for the petitioner. Mr. Mohak Bhandara, Advocate, for respondent No. 2. AUGUSTINE GEORGE MASIH, J. (ORAL). The prayer in the present writ petition is for seeking full back wages, which had been declined, vide Award dated 28.11.2008 (Annexure-P- 1), passed by the Industrial Tribunal-cum-Labour Court-II, Faridabad. Counsel for the petitioner contends that when the respondent/Management was directed to take back the petitioner/Workman on duty by giving him benefit of continuous service, the Labour Court could have ordered the payment of full back wages as well. He contends that the Award in this regard cannot be sustained. On the other hand, counsel for respondent/Management contends that issue No. 1, which was ‘Whether the termination of service of Shri Krishan Kumar Kaushik is legal and justified ? If not to what amount of back wages alongwith reinstatement, he is entitled ?’ The said issue had been decided against the claimant and this was only on the basis of statement of the respondent/Management before the Labour Court that the Order of C.W.P. No. 17345 of 2009. -2- reinstatement was passed by the Labour Court, and when the issue had been decided by the Labour Court that the termination is not bad, the petitioner/Workman could not have been granted the back wages as he is claiming in the present petition. I have heard counsel for the parties and have gone through the records of the case. There is no doubt that the findings had been recorded against the petitioner/Workman as issue with regard to his termination being not in accordance with law, had been decided against him. The petitioner/Workman was ordered to be reinstated in service merely on the basis of statement given by respondent/Management. In this view of the matter, no back wages could have been granted to the respondent/Workman and no illegality had been committed by the Industrial Tribunal-cum-Labour Court-II, Faridabad, vide its Award dated 28.11.2008 (Annexure-P-1). In view of the above, finding no merit in the present writ petition, the same stands dismissed. (AUGUSTINE GEORGE MASIH) JUDGE May 21, 2010. sjks.