IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 8851 of 1989 Date of decision:- 17.12.2009 Baldev Singh ...Petitioner Versus The Management of the Messers The Bibipur Co-operative Credit and Services Society Ltd., Tagri ...Respondent CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- Mr. Ravinder Malik, Advocate for Mr. Shish Pal Laler, Advocate for the petitioner. None for the respondent. K.KANNAN J.(Oral) The solitary point of consideration in this writ petition is the entitlement of the workman to backwages in a case where the Labour Court after perusal upheld the contentions of the workman that the termination of service without an inquiry relating to charge of embezzlement was bad in law and that he was entitled to the relief of re-instatement. While disallowing the plea for backwages, the Labour Court held that the reference had been sought after considerable delay and even in the demand notice that was issued, he had not stated about the employment status. It is now too well established that a workman shall not be entitled backwages as a C.W.P. No. 8851 of 1989 -2- matter of course whenever the plea for reinstatement is accepted. The workman has to still establish that there had been no gainful employment during the period when the termination operated. With no pleadings of evidence available to support the prayer for backwages, the Labour Court has chosen to disallow backwages and granted only the relief of re-instatement. The award of the Labour Court is justified in the manner passed. There is no scope for intervention in the writ petition. The writ petition is dismissed. No costs. December 17, 2009 ( K. KANNAN ) vj JUDGE