IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.M. No.562-CII of 2010 in COCP No.2033 of 2009 (O&M) Date of decision: 14.01.2010 Mohinder. -----Petitioner. Vs. Colonel M.S. Dhaliwal (Retd.) -----Respondent AND L.P.A. No.570 of 2009 Groz – Beckert Asia Pvt. Ltd. -----Appellant. Vs. The Presiding Officer, Industrial Tribunal-cum-Labour Court, U.T., Chandigarh & another. -----Respondents. CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE ALOK SINGH Present:- Mr. G.S. Ghuman, Advocate for the petitioner in the COCP & for respondent No.2 in the LPA. Col. M.S. Dhaliwal (Retd.), In person for the respondent in the COCP & for the appellant in the LPA. --- ORDER: COCP No.2033 of 2009 & LPA No.570 of 2009 1. On mention being made by both the sides, L.P.A. No.570 of 2009, which is connected to COCP No.2033 of 2009, is taken on board. 2. L.P.A. No.570 of 2009 has been preferred by the management against judgment of learned Single Judge, upholding award for reinstatement with continuity of service and 50% backwages. 3. The workman was employed with the management since 17.12.1979 and worked upto 7.11.2000. His services were retrenched without any inquiry which led the workman to raise an industrial dispute, which was referred for adjudication to the Labour Court. The management contested the claim of the workman for reinstatement by submitting that the workman was indulging in smoking and drinking on account of which his health deteriorated and rendered him unfit for work and it was on that account that his services were terminated. 4. The Labour Court held that termination of services of the workman was without following the procedure laid down under the law. The workman was entitled to reinstatement with continuity of service and backwages. 5. This appeal has been filed by taking a ground that termination of services was according to the provisions of the standing rules. 6. During pendency of this appeal, the parties negotiated a settlement, under which the management agreed to pay Rs.10 2 COCP No.2033 of 2009 & LPA No.570 of 2009 lacs to the workman as full and final settlement towards his claim. Cheque for the said amount has been handed over to learned counsel for the workman. Settlement dated 9.1.2010 has been filed in COCP No.2033 of 2009 and is taken on record. 7. In view of settlement, LPA No.570 of 2009 and COCP No.2033 of 2009 are disposed of. (ADARSH KUMAR GOEL) JUDGE January 14, 2010 ( ALOK SINGH ) ashwani JUDGE 3