IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 5737 of 1992 C.M. No. 14206 of 2007 (O&M) Date of decision: 04.02.2009 Badan Singh Sangwan, Driver, Haryana Roadways Depot, Chandigarh at Panchkula, District Ambala .....PETITIONER VERSUS State of Haryana and others ..... RESPONDENTS CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present: Mr. S.K.Sud, Advocate, for the petitioner. Mr. Kartar Singh, AAG, Haryana. *** AUGUSTINE GEORGE MASIH, J. (ORAL) CWP No. 5737 of 1992 In the present writ petition, challenge is to the award dated 10.07.1991 (Annexure P-1) passed by the Labour Court, U.T. Chandigarh, wherein although the workman has been held entitled to reinstatement into service with benefit of continuity the reof but has not been granted the back wages for the period, he was out of service. Counsel for the petitioner contends that once the Court has come to a conclusion that the conduct, which has been attributed to the workman, was not of the gravest nature, which required his termination CWP No. 5737 of 1992 and -2- C.M. No. 14206 of 2007 from the service and when he has been reinstated in service, he should have been held entitled to the full back wages. He relies upon the provisions of Section 13 of the Motor Transport Workers Act, 1961 to contend that he could not have been asked to work beyond a period of 8 hours and in any case not more than 10 hours. The workman had, as a matter of fact, worked for twelve hours on that particular date. He, on that basis, contends that he is entitled to back wages. A perusal of the award would show that the Labour Court, on going through the enquiry proceedings, has upheld the same and has held that the same is in accordance with law but exercising its authority, under Section 11-A of the Industrial Disputes Act, the Court has come to a conclusion that the punishment of termination was disproportionate to the mis-conduct attributed to the workman. In the light of this, the workman has been reinstated in service with continuity of service. However, the mis- conduct with regard to his behaviour with the Traffic Manager has been held to have been proved against the workman and the enquiry also has been held to be in accordance with law. The Labour Court, while exercising its powers under the provisions, as required under the Industrial Disputes Act, had come to a conclusion that it would be in the interest of justice and for settling the equities between the parties that he would not be granted the back wages. The contention of the counsel for the petitioner that the provisions of the Motor Transport Workers Act, 1961, have been violated and, therefore, he would be entitled to complete back wages, would not hold the field as the Act does not say so. What it prescribes is that a period, for which the workman could be asked to work, no provision as pointed out by the counsel for the petitioner, which would enjoin upon the Labour Court or which enjoins upon the employer to pay full back wages in CWP No. 5737 of 1992 and -3- C.M. No. 14206 of 2007 case the Court under Section 11-A of the Industrial Disputes Act exercises its authority for reinstatement of the workman holding the punishment to be disproportionate to the mis-conduct attributed to the workman. In view of the above, I do not find any merit in this petition and dismiss the same. C.M. No. 14206 of 2007 An application has been filed by the petitioner for release of pensionary benefits as it has been alleged by him that he has worked for more than 15 years with the respondents. This factual aspect has been disputed by the State in their reply filed to the said application. In any case, the scope of the present writ petition does not include the pensionary benefits and in the light of this, no adjudication in the present writ petition with regard to the said claim of the workman can be considered and decided. However, it will be open to the workman to take appropriate steps in accordance with law to claim the said benefits, if he is entitled to. C.M.stands disposed of accordingly. ( AUGUSTINE GEORGE MASIH ) JUDGE February 04, 2009 pj