CWP No. 7445 of 2009 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 7445 of 2009 (O&M) State of Haryana ....Petitioner VERSUS Sh. Karan Singh and another ....Respondents CWP No. 7455 of 2009 (O&M) State of Haryana ....Petitioner VERSUS Sh. Satya Narain and another ....Respondents Decided on : 03-05-2011 CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr. Harish Rathee, Sr. DAG, Haryana Mr. S.M.Sharma, Advocate for respondent no.1 MAHESH GROVER, J This order will dispose of two writ petitions bearing nos. 7445 of 2009 and 7455 of 2009 as they involve similar facts. The petitioners have impugned the award of the Labour Court, Rohtak dated 13.10.2008 (in CWP no. 7445 of 2009 ) and dated 23.10.2008 (in CWP no. 455 of 2009). In response to the notice of motion, the respondent no.1 has filed his written statement alongwith which a copy of order in Ref. No. 169 of 2003 has been annexed which is again an award passed by the Presiding CWP No. 7445 of 2009 (O&M) 2 Officer, Industrial Tribunal-cum-Labour Court, Rohtak dated 8.8.2005 which reflects that in almost similar circumstances, employees who were junior to the respondent no.1 had arrived at a settlement with the petitioners by making a statement to the effect that in case the management i.e the petitioners are ready to take them back on duty with continuity of service from 9/93 to 1.1.1995, they are ready to part with their back wages. The matter was compromised in terms of the statement aforesaid and the Tribunal made the following observations:- “Since a compromise has been arrived at between the parties the workman has stated that he is ready to part with the back wages from 9/93 to 1.11.2005 provided the mgt., with take him on duty on 1.11.2005 and will also deem him in as continuous service form 9/1993 to 1.11.2005. In view of the statement of Sh.A.K.Bansal, Xen. PWD, B&R Branch, Rohtak the workman will be taken on duty on 1.11.2005 provided he forgoes the back wages from 9/1993 to 1.11.2005. In this way, this award is passed accordingly. File be consigned to record room.” Learned counsel for the respondent no.1 states that in case he is provided with such an offer/benefit, then he is ready to forgo back wages if the petitioners are ready to take him back on duty with continuity of service without any monetary repercussions but of course with notional benefits. Mr. Rathee states that the writ petition may be disposed of in view of the statement made by the learned counsel for the respondent no.1. Having regard to the aforesaid, the instant petition is disposed of with a direction that respondent no.1 shall be taken back on duty with CWP No. 7445 of 2009 (O&M) 3 continuity of service and with all the notional benefits accruing therefrom but he will not be entitled to any monetary benefits and he shall also not be entitled to back wages. At this stage, learned counsel for the respondent no.1 states that he has already taken back in service. In this view of the matter, no further directions are required. Disposed of. May 3 , 2011 (Mahesh Grover) rekha Judge