IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P.No.11122 of 2007 Date of Decision:10.04.2008 Divisional Forest Officer(Territorial), Hisar .....Petitioner versus Ram Kishan and another .....Respondents. CORAM: HON'BLE MR.JUSTICE ASHUTOSH MOHUNTA AND HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr.D.S.Nalwa, Additional Advocate General, Haryana, for the petitioner. Mr.Tara Chand, Advocate, for respondent No.1. *** ASHUTOSH MOHUNTA, J.(Oral) Divisional Forest Officer(Territorial), Hisar has filed this writ petition impugning the award dated 21.11.2005 (Annexure P-4) passed by the Presiding Officer, Industrial Tribunal-cum-Labour Court, Hisar- respondent No.2 vide which respondent No.1 has been ordered to be reinstated in service with continuity of service with and other consequential benefits along with 50% back-wages. Counsel for the petitioner submits that the impugned award is liable to be set aside as there is no violation of Section 25-F of the Industrial Disputes Act. Learned counsel contends that the Labour Court has taken into consideration the working days for the year 1994-1995 whereas the service of respondent No.1 was terminated on 28.08.1998. Learned counsel contends that the period of 12 months preceding the date C.W.P.No.11122 of 2007 --2-- of termination has to be taken into consideration while granting any relief to a workman. Counsel for respondent No.1 further submits that in pursuance to the award, the workman has been taken back in service. He further submits that the workman is ready to forego 50% back-wages as awarded by the Labour Court. It is also contended that the petitioner has not complied with the provisions of Section 25-G of the Industrial Disputes Act. We have perused the impugned award and the perusal of para No.9 of the award shows that a categorical finding has been given by the Labour Court that the workman had completed 240 days of service. Apart from the above, as the workman had already been taken back in service and is ready to forego the back-wages as awarded by the Labour Court, therefore, we modify the impugned award dated 21.11.2005 (Annexure P- 4) passed by the Presiding Officer, Industrial Tribunal-cum-Labour Court, Hisar to the extent that the workman shall not be entitled to any back- wages as per statement given by the counsel for the workman. The writ petition is disposed of. (ASHUTOSH MOHUNTA) JUDGE April 10, 2008 (KANWALJIT SINGH AHLUWALIA) seema JUDGE