IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 551 of 1988. Date of Decision : January 28, 2009. M/S The Abohar Co-operative Marketing Society Limited ..... Petitioner. Abohar. Versus. The Presiding Officer, Labour Court, Bathinda, and another. .... Respondents. CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH. Present: Mr. V.G. Dogra, Advocate, for the petitioner. AUGUSTINE GEORGE MASIH, J. (ORAL). In the present writ petition, the challenge is to the award passed by the Labour Court, Bathinda, wherein the reference was answered conditionally in favour of the workman holding that the workman is entitled to Rs. 36,141.72 paise which amount shall be paid by the management within 15 days of the publication of the award failing which he shall be entitled to reinstatement with continuity of service and full back wages and shall report for duty within thirty days of the publication of the award. A perusal of the records in the present case would show that this Court vide order dated 19.01.1988, while admitting the writ petition, had directed the amount be deposited as ordered by the Labour Court. Counsel for the petitioner informs that the said amount had already been deposited and the same had been withdrawn by the workman. He contends that as per the evidence on record, the relief which has been C.W.P. No. 551 of 1988. granted to the respondent-workman, he was not entitled to and has been wrongly granted. I have gone through the award passed by the Labour Court, Bathinda, and on perusal thereafter, I am of the opinion that the award has been passed on the basis of evidence which has been led by the parties before the Labour Court. No illegality can, therefore, be pointed out by counsel for the petitioner while putting forth the submission which could persuade the Court to take a view which is contrary to the one given by the Labour Court in its award dated 04.12.1987. In view of the fact that the workman was entitled to compensation of Rs. 36,141.72 paise which stands withdrawn by the workman meaning thereby that he has opted for the compensation rather than reinstatement and continuity of service with full back wages. I am of the opinion that this is not a fit case where interference in the impugned award is called for by this Court. The present writ petition is, therefore, dismissed. (AUGUSTINE GEORGE MASIH) JUDGE January 28,2009. sjks. -2-