CWP No. 15185 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 15185 of 2011 Date of decision: 19.8.2011 State of Haryana and others ..Petitioners. Versus Avtar Singh and another ..Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Ms. Shruti Jain, Assistant Advocate General, Haryana for the petitioners. RAJIVE BHALLA, J. ( ORAL) The State of Haryana lays challenge to an award dated 15.9.2010 (Annexure P-3) passed by the Presiding Officer, Industrial Tribunal and Labour Court, Union Territory, Chandigarh, directing reinstatement of the workman with continuity of service and @ 50% back wages. Counsel for the petitioners submits that as the workman has not produced any evidence with respect to his employment with the petitioners, the award may be set aside by ignoring the award pronounced in the case of other workmen. I express my inability to accept the argument advanced by counsel for the State, particularly in view of the absence of averment in the petition that the award and judgments, referred to in the impugned award, are in any manner distinguishable, from the present case. A perusal of the award reveals that in the case of similarly situated workmen, who were granted similar relief, an award was pronounced in favour of the workman. The writ petition and the Special Leave Petition challenging the award have been dismissed. A relevant extract from the award (Annexure P-3), CWP No. 15185 of 2011 2 reads as follows: “ Attendance of the workman Shri Avtar Singh was marked for the period from June 1996 to December 1999. The workman has also produced photostat copy of complaint slips attended by him for the period from 16th June, 1996 to 5th August, 1999. It shows that the workman had worked for more than 240 days with the mangement. The management has terminated the services of the workman in violation of provisions of Section 25-F of the ID Act. Keeping in view the Award passed by this Court on 10th September, 2004 in case Rajesh Kumar versus State of Haryana through Secretary to Government, Haryana PWD B&R & others and order dated 12th September, 2006 of the Hon'ble Punjab & Haryana High Court in writ petition filed by the management and order 28th July, 2008 of Hon'ble Supreme Court of India in special leave to appeal of the management, the workman is entitled for reinstatement along with continuity of service and back wages at the rate of fifty percent. Accordingly, this issue is decided in favour of the workman and against the management." As a consequence, the writ petition is dismissed with no order as to costs. 19.8.2011 ( RAJIVE BHALLA ) VK JUDGE