IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P.No.15997 of 2007 Date of Decision:10.04.2008 Divisional Forest Officer(Territorial), Rohtak .....Petitioner versus Maha Singh and another .....Respondents. CORAM: HON'BLE MR.JUSTICE ASHUTOSH MOHUNTA AND HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr.D.S.Nalwa, Additional Advocate General, Haryana, for the petitioner. Mr.S.S.Dalal, Advocate, for respondent No.1. *** ASHUTOSH MOHUNTA, J.(Oral) Divisional Forest Officer(Territorial), Rohtak has filed this writ petition impugning the award dated 01.05.2006 (Annexure P-4) passed by the Presiding Officer, Industrial Tribunal-cum-Labour Court, Rohtak- respondent No.2 vide which respondent No.1 has been ordered to be reinstated in service with continuity of service and 50% back-wages. Counsel for the petitioner submits that the workman has failed to prove that he worked for 240 days in a calendar year preceding his termination. A perusal of the award shows that the Management failed to produce any service record of the workman and hence, an inference was drawn that the workman had worked for more than 240 days in a calendar year preceding his termination. It has also been held by the Labour Court that the workman tried his level best to get the record pertaining to C.W.P.No.15997 of 2007 --2-- the work period produced in the Court but the same was withheld by the Management. Counsel for the workman submits that the workman has already been reinstated in service. He further states that the workman is ready and willing to forego the back-wages as awarded by the Labour Court. After hearing learned counsel for the parties, we are of the considered opinion that as the Management has withheld the service record of the petitioner and they were duly bound to produce the same, it cannot be said that the petitioner had not worked for 240 days. Apart from the above, as the workman has been reinstated in service and he has agreed to forego his back-wages, therefore, we modify the award dated 01.05.2006 (Annexure P-4) passed by the Labour Court to the extent that the workman shall not be entitled to any back-wages. The writ petition is disposed of. (ASHUTOSH MOHUNTA) JUDGE April 10, 2008 (KANWALJIT SINGH AHLUWALIA) seema JUDGE