LPA No. 596 of 2010 (O&M) [1] IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH LPA No. 596 of 2010 (O&M) Date of Decision: 18.03.2011 Director State Transport, Punjab and others ...Appellants Versus Kashmir Singh ..Respondent CORAM: HON'BLE MR. JUSTICE RANJAN GOGOI, CHIEF JUSTICE HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH 1. Whether Reporters of local papers may be allowed to see the judgment ? 2. Whether to be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? Present : Ms. Madhu Dayal, Addl. A.G. Punjab for the appellants. Mr. R.S.Ahluwalia, Advocate, for the respondent-workman. **** RANJAN GOGOI, C.J.(Oral) The present Letters Patent Appeal is listed on the regular Board of the Court and the matter has come up for consideration of the Civil Miscellaneous Application No. 2914 of 2010 filed in the said Letters Patent Appeal. However, with the consent of the parties, instead of passing any orders on the Civil Miscellaneous application, the Court is proceeding to pass final orders in the Letters Patent Appeal itself. By an award dated 16.01.2003 of the learned Labour Court, retrenchment compensation of ` 30,000/- was awarded to the respondent-workman after recording the finding that the termination LPA No. 596 of 2010 (O&M) [2] of the workman amounted to retrenchment within the meaning of Section 2(oo) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act') and such retrenchment was contrary to the provisions of Section 25-F of the Act. Aggrieved by the award the workman moved this Court by instituting Civil Writ Petition No. 12566 of 2004. The said writ petition was disposed of by the learned Single Judge on 26.11.2005 directing for reinstatement of the workman with continuity of service and 50% back wages. Aggrieved, this appeal has been filed by the Management/Employer. At the time of admission of appeal by an interim order dated 06.05.2010 the appellants were directed to pay a sum of ` 20,000/- to the respondent-workman and subject to the said payment the order of the learned Single Judge was stayed. The aforesaid amount of ` 20,000/- has since been paid by the appellants to the respondent-workman. At the hearing learned counsel for the appellants Ms. Dayal has submitted that the appellant-management is willing to reinstate the workman without payment of any back wages. The offer made by the appellant-management is acceptable to the respondent- workman. If the aforesaid offer made by the management is acceptable to the respondent-workman, naturally, it would be appropriate to close this Letters Patent Appeal in terms of the said agreement arrived at by and between the parties. However, as already noticed, a sum of ` 20,000/- have already been paid by the Management to the workman in terms of the interim order passed in this appeal on 06.05.2010. By the aforesaid interim order the order of LPA No. 596 of 2010 (O&M) [3] reinstatement made by the learned Single Judge was stayed. If that is so the provisions of Section 17-B of the Act will be attracted. The Court had suggested to both the parties that the amount of ` 20,000/- already paid to the workman may be understood to be the full and final payment of the dues of the workman under the provisions of Section 17-B of the Act. Both the parties have expressed their willingness to the said course of action. Consequently, this appeal is disposed of on the terms agreed by and between the parties, namely, that the respondent- workman will now be reinstated, however, without any back wages and the amount of ` 20,000/- shall be understood to be on account of dues of the workman under Section 17-B of the Act. The reinstatement with continuity of service that will now be required to be made shall be so made by the Management within a period of thirty days from today. It is stated that in terms of the order of the learned Labour Court an amount of ` 30,000/- (retrenchment compensation) is presently lying in deposit with the learned Labour Court, Amritsar. The appellants will naturally be entitled to withdraw the said amount. (RANJAN GOGOI) CHIEF JUSTICE (AUGUSTINE GEORGE MASIH) JUDGE 18.03.2011 'ravinder'