IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP No. 8758 of 1989 Date of decision: 12.11.2010 Harbans Lal Sharma ..Petitioner Versus The Punjab State Co-operative Supply ..Respondents and Marketing Federation Limited, Chandigarh & another CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present: Petitioner in person. Mr. S.S. Brar, Advocate for respondents. ***** RITU BAHRI, J.(ORAL) The petitioner has filed this petition challenging the order dated 22.12.1988. The Labour Court had answered in favour of the Development and he was ordered to reinstate of 50% back wages. Learned counsel for the respondent No. 1 Mr. S.S. Brar states that after the award was passed the petitioner had joined the Marketing Federation. He resigned from the Federation in 1989. On instructions from his client Mr. Brar states that the 50% back wages as per order of the Labour Court had been paid to the workmen. As far as the award of the Labour Court is concerned, the conditions have been fully complied. In this writ petition the petitioner has claimed full back wages. From the award it is clear that the worker/official had not put forward any explanation and had led no evidence to prove that he CWP No. 8758 of 1989 -2- was not gainful employee during the period when he was out of service. In para 7 of the award, it has been mentioned that he had moved an application to the Federation for asking an experience Certificate and an application for refund of security and also General Provident Fund. An Experience Certificate essentially was required for procuring a job elsewhere. Since no evidence has been led to prove that the petitioner was not a gainful employee during the period, when he was out of service, his prayer for back wages is declined. This writ petition is dismissed. No order as to cost. (RITU BAHRI) 12.11.2010 JUDGE Poonam(II)