C.W.P. No. 2149 of 1992 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 2149 of 1992 DATE OF DECISION: 29.4.2011 Balak Ram ..PETITIONER VS. Presiding Officer, Labour Court, UT Chandigarh & Ors. ..RESPONDENTS CORAM: HON'BLE MR. JUSTICE ARVIND KUMAR, Present:- Mr. Sher Singh Rathore, Advocate for the petitioner. Mr. Simrjot Singh Dhillon, AAG Punjab. *** JUDGMENT: The petitioner-workman is seeking modification of award dated 12.7.1990. Vide the impugned award, the learned Tribunal has observed as under:- “12. In view of my findings on issues No.1 and 2, the reference succeeds and it is adjudicated that the services of Shri Balak Ram were terminated illegally, vide orders dated 16th October, 1981 and that he is entitled to be reinstated into service with the benefit of continuity of service but keeping in view the circumstances of the present case, I award him a consolidated sum of Rs.20,000 which shall be considered as his back wages. C.W.P. No. 2149 of 1992 2 This amount shall be paid by the management within one month from the date of publication of the award failing which the workman shall also be entitled to interest at the rate of 12% from the date of publication till payment. The appropriate Government be informed.” It has been contended by learned counsel for the petitioner that once his termination was held to be illegal, the same should have been followed by full back wages. He has also pointed out that after rough estimation the full back wages come to about Rs.50,000/-. Thus, he prayed for modification of award accordingly. The payment of back wages is a discretionary power which has to be exercised keeping in view the facts and circumstances of each case and neither strait-jacket formula can be evolved nor a rule of universal application can be adopted. In Allahabad Jal Sansthan Vs. Daya Shankar Rai and another, 2005(5) SCC-124, it has been held by the Hon'ble Supreme Court that it is necessary to develop a pragmatic approach to problems dogging industrial relations. However, no just solution can be offered, but a golden mean may be arrived at, and opined that interest of justice would be sub-served if the workman is awarded 50 per cent of back wages. Therefore, keeping in view the said ratio, I am of the considered opinion that the amount of back wages awarded to the petitioner is liable to be enhanced. For the discussion above, the instant writ petition is partly allowed and the amount of back wages is increased to Rs.25,000/-, instead of Rs.20,000/-, as awarded by the Tribunal below, from the date of demand C.W.P. No. 2149 of 1992 3 notice till his re-instatement The instant petition stands disposed of with the above modification in the impugned award. (ARVIND KUMAR) JUDGE April 29,2011 Jiten