C.W.P. No. 7843 of 1989 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 7843 of 1989 Decided on : 15-04-2009 The Pepsu Road Transport Corporation, Patiala ....Petitioner VERSUS Presiding Officer, Labourt Court, Bhatinda and another. ....Respondents CORAM:-HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH. Present:- Mr. Jagdish Marwaha, Advocate for the petitioner. Ms. Monica Chhibber Sharma, A.A.G, Punjab, for respondent No. 1. Mr. Vikas Singh, Advocate for respondent No.2. AUGUSTINE GEORGE MASIH, J (Oral). In the present writ petition, the challenge is to the award dated 18.10.1988 (Annexure P-3) passed by the Labour Court, Bathinda, vide which reference has been answered in favour of the workman, holding him entitled to reinstatement and continuity of service and full back wages. Counsel for the petitioner contends that award passed by the Labour Court cannot be sustained as the workman was appointed as a casual labourer and his services were terminated as per the terms of his appointment. He, however, contends that the workman stands reinstated in service in pursuance to the award passed by the Labour Court. He C.W.P. No. 7843 of 1989 -2- further contends that the communication which he has received from the petitioner does not indicate that there is anything against him during the period for which he has been in service till date. He further contends that he has now received telephonic instructions that the services of the workman stand regularized as per the Policy of the Corporation. He, however, contends that the back wages granted to the workman by the Labour Court is not justified as at that stage they were not entitled to reinstatement in service. On the other hand, counsel for respondent-workman contends that the award passed by the Labour Court is fully justified as the provisions of Section 25-F of the Industrial Disputes Act has not been complied with while terminating the services of the workman and therefore, in view of the averments made by the workman and the evidence brought on the record, the workman has been held entitled to be reinstated in service with continuity thereof and full back wages. Without going into the merits of the case and contentions raised by the counsel for the parties and in the light of the fact that the services of the workman have been regularized as per the Policy of the petitioner-Corporation, it would be just and equitable that the impugned award with regard to reinstatement and continuity of service be not interfered with. However, in the peculiar facts and circumstances of the present case, I am of the opinion that the workman is not entitled to back wages for the period as has been granted by the Labour Court vide its Award 18.10.1988 (Annexure P-3). In view of the above, the present writ petition is partly C.W.P. No. 7843 of 1989 -3- allowed. The impugned award dated 18.10.1988 (Annexure P-3) passed by the Labour Court, Bathinda, to the limited extent of grant of back wages to the workman is set aside. It is made clear that the benefit granted to the workman as per the Policy of the Corporation would not be withdrawn merely because of the order passed in the present petition. This petition stands disposed of accordingly. 15th April, 2009. (AUGUSTINE GEORGE MASIH) Monika JUDGE