IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 21041 of 2008. Date of Decision : March 10, 2009. The General Manager, Haryana Roadways, Rohtak. .... Petitioner . Versus. Sh. Ram Kumar, and another. ... Respondents. CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH. Present:- Mr. D.S. Nalwa, Additional Advocate General, Haryana, for the petitioner. None for the respondent No. 1-workman. AUGUSTINE GEORGE MASIH, J. (ORAL). In the present writ petition, the challenge is to the award dated 17.12.2007 (Annexure-P-4), vide which the reference has been answered in favour of the workman holding him entitled to reinstatement on previous post with continuity of service and 50% back wage from the date of demand notice i.e. 02.01.1997. Counsel for the petitioner-management contends that even if the findings which have been recorded by the Labour Court, are taken to be correct and the respondent No.1-workman having worked from September, 1995 to 31.05.1996 on a post which was not filled up as per the statutory rules governing the service and was appointed on daily wage basis, he cannot be reinstated in service in the light of the various judgments passed by Hon'ble the Supreme Court. None has put in appearance on behalf of respondent No. 1- workman despite service. C.W.P. No. 21041 of 2008. Counsel for the petitioner-management contends that at the most for the termination of services of respondent No.1-workman in violation of Industrial Disputes Act, the respondent No. 1-workman would be entitled to compensation as per the Judgment of Hon'ble the Supreme Court in the case of Telecom District Manager and Others Versus Kesheb Deb, 2008 (4) S.C.T. 33, and the judgment of Division Bench of this Court in the case of State of Haryana Versus Ishwar Singh and another, 2008(3) S.C.T. 788. The respondent No. 1-workman has worked with the petitioner- management from September, 1995, to 31.05.1996, as per the award. In the light of the fact that the respondent No. 1-workman has no right for reinstatement in the light of above judgments, however, he is held entitled to compensation of Rs. 10,000/- to settle equities between the parties. The petitioner-management is directed to release the said amount i.e. Rs. 10,000/- to the respondent No. 1-workman within a period of two month from the date of receipt of copy of this order. The present writ petition stands disposed of accordingly. (AUGUSTINE GEORGE MASIH) JUDGE March 10, 2009. sjks. -2-