IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 12131 of 2008. Date of Decision : January 15, 2009. The Executive Engineer, P.W.D.(B/R), Rohtak. ...... Petitioner. Versus. Shri Raj Kumar and another. ...... Respondents. CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH. Present: Mr. D.S. Nalwa, Additional Advocate General, Haryana, for the petitioner. Mr. S.P. Chahar, Advocate, for the respondent No. 1. AUGUSTINE GEORGE MASIH, J. (ORAL). In this petition, the challenge is to the award dated 23.01.2008 (Annexure-P-5), passed by the Labour Court vide which the Labour Court has held that the services of workman to have been terminated illegally and as a consequence thereof, the respondent workman has been held entitled to reinstatement with continuity of service and 50% back wages from the date of demand notice i.e. 18.11.2002. The contention of counsel for the petitioner is that the respondent workman was appointed as a Chowkidar on daily wage basis in April, 1994. As per the finding recorded by the Labour Court on the basis of adverse inference drawn due to non production of muster roll and the records, his services have been held to be terminated w.e.f. 12.12.2001. The workman has worked for a period of more than seven years with the petitioner, and therefore, in the light of the Judgment passed by the Division Bench of this Court in the case of State of Haryana Versus C.W.P. No. 12131 of 2008. Ishwar Singh, 2008(3) S.C.T. 788, the respondent workman cannot be reinstated in service, however, he would be entitled to compensation as per the Judgment referred to above. Counsel for the respondent has been unable to distinguish the applicability of the Judgment to the facts in the present case and therefore, states that an adequate compensation be granted to respondent workman. In the light of the Judgment of this Court in the case of State of Haryana Versus Ishwar Singh and another (supra), the award passed by the Labour Court dated 23.01.2008 (Annexure-P-5) cannot be sustained and hereby set aside. On going through the award of the Labour Court and the records which have been placed in the present writ petition, I am of the considered opinion that since the respondent workman has worked for more than seven years, he is held entitled to Rs. 70,000/- as compensation to balance the equity between the parties in view of the fact that the termination of the respondent workman has been held to be illegal, however, he cannot be reinstated. The payment of compensation be disbursed to the respondent workman within a period of three months from the date of receipt of copy of this order. This petition stands disposed of accordingly. (AUGUSTINE GEORGE MASIH) JUDGE January 15,2009. sjks. -2-