IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. L.P.A. No.602 of 2010 (O&M) Date of decision: 10.5.2010 Haryana Saket Council. -----Appellant Vs. The Presiding Officer & another. -----Respondents CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE ALOK SINGH Present:- Mr. Ramesh Chopra, Advocate for the appellant. --- ORDER: 1. This appeal has been preferred against order of learned Single Judge, upholding the award of the Labour Court for backwages in favour of the respondent workman. 2. The workman was employed with the appellant as Peon since 1999 at a salary of Rs.2600/- per month. Her services were terminated in the year 2006 without following any legal procedure. She raised an industrial dispute which was referred for adjudication to the Labour Court. The Labour Court upheld her claim with continuity of service and backwages. It was held that there was violation of Section 25-F of the Industrial Disputes Act, 1947. LPA No.602 of 2010 3. The management preferred a writ petition. Learned Single Judge noticed that the workman had lost her both hands and was handicapped and thus, she could not get any alternative job during the period of her unemployment and in these circumstances, grant of backwages was justified. 4. We have heard learned counsel for the appellant. 5. Learned counsel for the appellant submits that the workman has since been reinstated and only issue is of backwages. He submits that since the appellant survives only on donations, it may not be burdened with backwages. 6. We are unable to accept the submission. Even though law relating to backwages has undergone change and backwages are no longer automatic on reinstatement, in the peculiar facts of the present case, when the workman has lost her both hands and the amount of backwages is not very heavy amount, we do not find any ground to interfere with the view taken by learned Single Judge. 7. The appeal is dismissed. ( ADARSH KUMAR GOEL ) JUDGE May 10, 2010 ( ALOK SINGH ) ashwani JUDGE 2