IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWPs No. 406/2008, 486/2008, 506/2008, 507/2008 & 736/2008. Decided on: 7th December, 2010. (For title, see below). Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice V.K. Ahuja, Judge. 1. CWP No. 406 of 2008. Bansi Ram. vs. H.P.SEB & others. For the petitioner: Mr. V.D. Khidta, Advocate. For the respondents: Mr. Vinod Thakur, Advocate for respondents No.1 and 2. 2. CWP No. 486 of 2008. Kirpa Ram. vs. H.P.SEB & others. For the petitioner: Mr. V.D. Khidta, Advocate. For the respondents: Mr. Vinod Thakur, Advocate for respondents No.1 to 3. 3. CWP No. 506 of 2008. H.P. SEB & anr. Vs. Bansi Ram and another. For the petitioners: Mr. Vinod Thakur, Advocate. For the respondents: Mr. V.D. Khidtta, Advocate, for respondent No.1. 4. CWP No. 507 of 2008. H.P. SEB & anr. Vs. Kirpa Ram and another. For the petitioners: Mr. Vinod Thakur, Advocate. For the respondents: Mr. V.D. Khidtta, Advocate, for respondent No.1. 5. CWP No. 736 of 2008. H.P. SEB & anr. Vs. Jeet Singh and another. 2 For the petitioners: Mr. Vinod Thakur, Advocate. For the respondents: Ms. Veena Thakur, Advocate vice Mr. Rahul Mahajan, Advocate, for respondent No.1. ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral) The Electricity Board and the workmen have filed the writ petitions challenging the Award passed by the Labour Court-cum-Industrial Tribunal. It is seen from the records that in view of the fair stand taken by the Electricity Board, the workmen have been re-instated in service. The two questions remaining to be considered are (1) continuity of service and (2) backwages. 2. It is now settled law that backwages do not automatically follow even when there is an Award for re- instatement. It would depend on the evidence in each case. On going through the evidence available in these cases, we find that the claim regarding the backwages was not established before the Labour Court. However, once the workmen are re-instated, in view of the finding that the termination is in violation of the provisions of the Industrial Disputes Act, 1947, they should be entitled to the consequential relief of continuity in service. Therefore, these writ petitions filed by the Electricity Board as well as by the workmen are disposed of as follows: (i) The workmen shall be entitled to re- instatement; (ii) However, they shall not be entitled to backwages; 3 (iii) But, they shall be entitled to continuity in service from the date of termination in view of the finding that the termination is illegal. 3. The writ petitions are disposed of, so also the pending applications, if any. Dasti copy. (Justice Kurian Joseph), Chief Justice 7th December, 2010 (Justice V.K. Ahuja), (tr) Judge. 4