[1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- SPL. APPL. WRIT No. 79 of 2001 STATE FARM CORPORATION OF INDIA & ANR. V/S LABOUR COURT,SRIGANGANAGAR & ORS. Mr. ANIL BHANDARI on behalf of Mr. NM LODHA, for the appellants Mr. DK PARIHAR, for the respondent Date of Order : 2.9.2008 HON'BLE SHRI N P GUPTA,J. HON'BLE SHRI KISHAN SWAROOP CHAUDHARI,J. ORDER ----- Heard learned counsel for the parties. The matter arises, in the circumstances, that two respondent workmen were removed by the appellant employer, whereupon, industrial dispute was raised, and the learned Tribunal, vide Award dated 31.03.1999, found that the removal of the workmen is violative of Sec.25-F, G & H of the Industrial Disputes Act. It was found that persons junior to these persons were continuing in service, therefore, they were ordered to be reinstated with back wages and continuity of service. This award was challenged before the learned Single Judge, by the employer, and the learned Single Judge, partly allowed the writ petition, and reduced the award of back wages to 50%, and also ordered award of interest @12%, however, the order of reinstatement was maintained. [2] It is contended, by learned counsel for the respondents, that in pursuance of the impugned order of the learned Single Judge, the workmen have been reinstated w.e.f. 01.01.2001, however, learned counsel for the appellants submits that it was under the threat of contempt proceedings that the workmen had to be reinstated, but that reinstatement was subject to outcome of this appeal, and therefore, the factum, of reinstatement, is of no consequence. The matter was heard for some time, and after realizing the fact, that the workmen have already been reinstated way back on 01.01.2001, and the fact that persons junior to the workmen are already continuing to work, both the learned counsel for the parties agree, that the appeal be disposed of, in the manner that the Award of the learned labour Court to modified as if it awards only reinstatement without any back wages. Accordingly, the appeal is disposed of and the Award of the learned Labour Court so also the learned Single Judge is modified and Award is confined to reinstatement of workmen only. (KISHAN SWAROOP CHAUDHARI ),J. ( N P GUPTA ),J. jpa/