IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 11452 of 2010 Date of decision: 30.09.2010 M/s Cosco India Ltd., Railway Road, Gurgaon ...Petitioner Versus Presiding Officer, Industrial Tribunal-cum-Labour Court-II, Gurgaon and another ...Respondents CORAM: HON'BLE MR. JUSTICE RANJIT SINGH Present: Mr. Harsh Aggarwal, Advocate for the petitioner. Mr. G.S. Bal, Advocate for respondent No. 2. ***** RANJIT SINGH J. A sum of ` 75,000/- has been deposited by the petitioner/management to ensure compliance of the order passed by this Court. During the pendency of this writ petition, the petitioner/management made an offer to the respondent/workman to join the duties. The respondent/workman has, accordingly, appeared and has joined the duties with the petitioner/management. The apprehension expressed by the counsel appearing for the petitioner is that the respondent/workman is only interested in getting money and after payment of the same, he is not likely to continue in service. Counsel for the respondent/workman, on the other hand, would plead that the respondent/workman had been kept out of job for a considerably long period and he would rather deserve payment of backwages. A sum of ` 75,000/- seems to be a fair amount to Civil Writ Petition No. 11452 of 2010 -2- cover the backwages for the period the workman has remained out of job. The apprehension expressed by the petitioner would need consideration. To ensure that the respondent/workman does not leave the job after getting money, permission to withdraw this amount can be deferred. Let the amount remain deposited with the Court for the period of one year. If the respondent/workman continues to work on the job with petitioner for one year, he would be entitled to withdraw this amount on the expiry of period of one year from today. If the respondent/workman leaves the job before the expiry of one year, his right to claim this amount shall be forfeited. Then, the petitioner/management would be entitled to withdraw this amount from the Court. Needless to observe that this shall not give a handle to the management to terminate the services of the workman in any unfair manner just to avoid payment of this amount. The Court may consider depositing the amount in some fixed deposit so that it can fetch some interest. The writ petition is, accordingly, disposed of. September 30, 2010 ( RANJIT SINGH ) rts JUDGE