IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.14045 of 1991 Date of decision: 6th July, 2010 General Manager, Punjab Roadways, Chandigarh … Petitioner Versus Presiding Officer, Labour Court, U.T. Chandigarh and another … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. J.S. Puri, Additional Advocate General, Punjab for the petitioner-State. None for respondent No.1. Mr. H.S. Sirohi, Advocate for respondent No.2. KANWALJIT SINGH AHLUWALIA, J. (ORAL) In the present writ petition, the award dated 2nd February, 1990 passed by the Presiding Officer, Labour Court, U.T. Chandigarh has been challenged, whereby the termination of services of the respondent- workman was held to be illegal and he was held entitled to continuity in service and full back wages. The operation of the impugned award was stayed by a Division Bench of this Court on 19th September, 1991. Mr. H.S. Sirohi, Advocate appearing for the respondent- workman, has stated that the respondent-workman is continuing in service and has been discharging his duties from last 20 years. Therefore, it will be too harsh to set aside the award, as the respondent- Civil Writ Petition No.14045 of 1991 workman is not only discharging his duty but has also been receiving his salary in lieu of the work done. Counsel for the State has submitted that the respondent- workman is not entitled to leave encashment and the full back wages. Counsel for the respondent-workman has submitted that he will forego his back wages, which have not been paid in view of the orders passed by this Court. After considering the rival submissions, this Court is of the opinion that after 20 years of passing of the award, especially when the respondent-workman has discharged his duties, his services cannot be terminated. Therefore, he is allowed to continue in service as per the mandate of the award. However, as per the statement made by counsel for the respondent-workman, he is held not entitled to the back wages. With the observations made above, present writ petition is disposed of. [KANWALJIT SINGH AHLUWALIA] JUDGE July 6, 2010 rps 2