IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.4481 of 2000 Date of decision: 21.08.2009 M/s Kapoor Lamp Shade Company …Petitioner versus The Presiding Officer, Industrial Tribunal-cum-Labour Court-I, Faridabad and another. ...Respondents CORAM: HON’BLE MR. JUSTICE K.KANNAN Present: Mr. Amit Jain, Advocate, for the petitioner. Ms. Abha Rathore, Advocate, for respondent No.2. ---- 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 ? K.Kannan, J.(Oral) 1. The award which directed reinstatement and back wages is challenged by the management on the ground that the misconduct attributed to the workman was very serious which included inter alia that he had abused and beat up an officer Mr.Abdul Jabbar, Production Incharge, and had also hurled abusive epithets on a receptionist-typist On the basis of the misconduct attributed to the workman, an enquiry had been constituted and the charges were alleged to have been proved that resulted in dismissal him from service. On a reference at the instance of the workman, the Labour Court considered the issue whether the enquiry had been fair and proper, but it held that it was not and the management accepted the finding and sought for permission to prove the charges Civil Writ Petition No.4481 of 2000 - 2 - before the Labour Court. Before the Labour Court, the person against whom the case of physical assault had been made, did not support his own version that he had purported to have made before the Enquiry Officer. The receptionist herself was not examined before the Labour Court and a Peon had been brought as a witness to state that the workman had misbehaved with her. Yet another witness, who had imputed that his quality of work was not good, had nothing to state about the serious misconduct attributed to him. The Labour Court found that the charges had not been proved and upheld the reference sought at the instance of the workman. 2. The reasoning of the Labour Court is proper in every way. I do not think it is a fit case for intervention before this Court. The learned counsel, however, submits that the factory remained closed from 06.11.2000 and the direction for reinstatement shall not, therefore, be possible. The said fact had also brought through an affidavit filed in C.M. No.6078 of 2004. It is further contended by the counsel appearing for the management that there had been no proof that the workman had not been gainfully employed and the back wages ought not to have been granted. It is seen from the averment in the writ petition that the management itself had sought to let in evidence that the workman had been gainfully employed but the permission was not granted. I find that no specific averment had even been made as to how the workman had been gainfully employed. It is no doubt true that the Courts are looking for evidence only from the workman to show that he was not gainfully employed before ordering back wages. In this case, I shall not undertake Civil Writ Petition No.4481 of 2000 - 3 - the exercise of whether there had been gainful employment or not in view of the fact that the factory itself remains closed and a right of reinstatement which was granted by the award is not going to be possible to be given effect. The only modification that the award still suffer shall be that there shall not be any reinstatement. In all other respects, the award of the Labour Court is confirmed. The workman shall be entitled to such benefits as would avail to him in a situation where the factory had been ordered to be closed. The question whether the payment made under Section 17-B even subsequent to the closure could be adjusted against back wages awarded, shall be a matter for an independent adjudication at the time when the workman himself approaches for recovery of closure compensation. Subject to this, the award of the Labour Court is confirmed and the writ petition is disposed of in the above terms. (K.KANNAN) JUDGE 21.08.2009 sanjeev