Civil Writ Petition No. 13330 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 13330 of 2011 Date of decision:-27.7.2011 Premier Motor Garage ...Petitioner Versus Presiding Officer, Industrial Tribunal and Labour Court, U.T. Chandigarh and another ...Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. Sanjiv Bansal, Advocate for the petitioner. RITU BAHRI J. Challenge is to the Award dated 20.4.2011 (Annexure P-4) whereby reference has been made in favour of the workman and he has been re-instated with 60% backwages. Mr. Sanjiv Bansal, Advocate for the petitioner has argued that on raising demand notice on 5.11.2001, the Management by filing written statement on 27.10.2003 offered that the workman can come back and re-join the Management. In spite of that the workman refused to come back and re-join the Management. Hence, he is not entitled to the backwages awarded by the Management. The workman has wilfully abstained from working with the Management till 1.11.2007 when he joined the services of the Management. Civil Writ Petition No. 13330 of 2011 -2- This aspect has been dealt by the Labour Court. The workman was retrenched on 27.10.2001. He immediately raised a demand notice on 5.11.2001, which shows that there was no delay in initiating the industrial dispute. The offer of the Management to take back the workman without backwages and continuity of service was not fair. The Labour Court award does not suffer from any illegality. In view of the above factual position, no interference is required. The writ petition is dismissed. July 27, 2011 ( RITU BAHRI ) Vijay Asija JUDGE