IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP No. 7040 of 2010 Date of decision: 27.04.2011. ------------------------------------------------- The Executive Engineer, Irrigation & Public Health Petitioner Versus Nand Lal Respondent Coram: The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice V.K. Ahuja, J. For the petitioner: Mr. R.K. Bawa, A.G. with Mr. Ankush Dass Sood, Addl. A.G. and Mr. J.K. Verma, Dy. A.G. For the respondent: Mr. G.R. Palsra, Advocate. Justice Kurian Joseph,C.J.(Oral): Annexure-P1 Award, passed by the H.P. Industrial Tribunal-cum-Labour Court, Dharamshala is under challenge. We are informed by the petitioner that the workman has been re-instated in service and that his serious grievance is only with regard to the back wages. Though, the H.P. Industrial Tribunal-cum-Labour Court has awarded continuity alongwith 50% back wages, we do not find any supporting material substantiating the claim for back wages, except the self serving testimony of the workman. It is also to be seen that there was material before the Labour 2 Court, particularly, evidence of RW-1 that the workman had voluntarily left the work and it was not the case of termination. However, in view of the variation in the defence in the written statement, wherein the stand was that engagement was without any approval, the Labour Court has ordered reinstatement holding that there is no proper retrenchment. Having regard to the entire facts and circumstances of the case and also the evidence available before the Labour Court, we are of the view that interest of justice would be served if the re-instatement is allowed with continuity in service and seniority, but without back wages. Ordered accordingly. 2. With the above observations, the writ petition is disposed of, so also the pending miscellaneous application(s), if any. (Justice Kurian Joseph) Chief Justice April 27, 2011 (Justice V.K. Ahuja ) (MLG/BSS) Judge