1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R The Executive Engineer, RSEB (Civil) Vs. Mahaveer & Anr. S.B.CIVIL WRIT PETITION NO.272/2005 DATE OF ORDER :: February 26, 2007 PRESENT HON'BLE MR.JUSTICE H.R.PANWAR Mr.Pankaj Bohra, for the petitioner. Mr.K.S.Yadav, for the respondent. BY THE COURT: By the instant writ petition under Article 226 of the Constitution of India, the petitioner employer has challenged the award Annexure-5 made by respondent No.2, the Judge Labour Court, Sri Ganganagar (for short `the Labour Court' hereinafter) holding therein that the retrenchment of the petitioner was in violation of the provisions of Industrial Disputes Act, 1947 (for short `the Act' hereinafter) and, therefore, illegal and directed to reinstate the respondent-workman with 30% back wages from the date of reference. 2 Learned counsel for the parties submit that the respondent-workman has already been reinstated in the service in compliance of the award of the Labour Court by the petitioner employer and the only controversy now rests with the payment of back wages. Respondent-workman filed an application under section 17-B of the Act, which came to be allowed and directed to pay the last full wages drawn by the workman. So far as question of back wages is concerned, it cannot be said that the respondent-workman had not worked anywhere. Learned counsel for the respondent-workman submits that the workman is prepared to forgo the back wages. In this view of the matter, the writ petition deserves to be partly allowed. In the result, the award of the Labour Court, respondent No.2 to the extent awarding 30% back wages from the date of reference is set aside. Rest of the award stands maintained. The writ petition is accordingly partly allowed. There shall be no order as to costs. [H.R.PANWAR],J. m.asif/-