IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. C.WP No. 10187 of 2011. [O&M] Date of Decision: 4th August, 2011. Divisional Forest Officer, Railway Road, Karnal Petitioner through Mr. R.D.Sharma, DAG, Haryana. Versus Haridutt & Anr. Respondents through Mr. Yogesh Chaudhary, Advocate. CORAM: HON'BLE MR. JUSTICE SURYA KANT. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? SURYA KANT, J. [ORAL] This writ petition is directed by the Divisional Forest Officer, Railway Road, Karnal against the award dated 04.11.2010 passed by the Industrial Tribunal-cum-Labour Court, Panipat. Notice of motion was issued only on the question as to whether the respondent – Workman is entitled to be re-instated or he is entitled to compensation only. Having regard to the recent judgments of the Hon'ble Supreme Court in Anoop Sharma v Executive Engineer, Public Health Division No. 1, Panipat, 2010[0] AIJEL-SC, 48231 and Ramesh Kumar v State of Haryana, AIR 2010 SC, 683, there can be no escape but to hold that since the Workman was retrenched without complying with the provisions of Section 25-F of the Industrial Disputes Act, 1947, he is entitled to be re-instated on the same terms and conditions on which he was employed. However, there appears to be no justification for the Labour Court to award back wages inasmuch as during the period when the Workman was out of service, he can be said to be gainfully employed. For the reasons above-stated, this writ petition is partly allowed and the impugned award dated 04.11.2010 is modified to the extent that the Workman shall not be entitled to any back wages. However, he shall be re-instated in service on the same terms and conditions on which he was employed. Disposed of. Dasti. August 04, 2011. ( SURYA KANT ) dinesh JUDGE