IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH LPA No. 12 of 2010 Date of Decision: 12.10.2010 Central Bank of India ...Appellant Versus Presiding Officer and another ..Respondents. CORAM: HON'BLE MR. JUSTICE MUKUL MUDGAL, CHIEF JUSTICE HON'BLE MR. JUSTICE AJAY TEWARI 1. Whether Reporters of local papers may be allowed to see the judgment ? 2. Whether to be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? Present : Mr. Arvind Seth, Advocate, for the appellant. Mr. D.S.Nalwa, Advocate, for the respondent. **** MUKUL MUDGAL, C.J.(Oral) 1. This appeal challenges the order dated 10.9.2009 passed by the learned Single Judge whereby the learned Single Judge dismissed the writ petition against the award of the Labour Court modifying the punishment in that way it did. 2. By an order dated 11.01.2010 passed by this Court, the appeal was dismissed on merits thereby upholding the order of punishment. However, it was admitted only as regards the back wages. 3. Today, learned counsel for the appellant has made a statement that the appellant is ready to pay the back wages amounting to 25% to the respondent. This offer has been accepted by learned LPA No. 12 of 2010 [2] counsel for the respondent. Learned counsel for the respondent has further stated that during this period, the respondent has attained the age of superannuation. He has further urged that the respondent should be given the superannuation benefits on the policy which was in force at the time of retirement because he was wrongly prevented from exercising the option therefor (since he was out of job at that time) and not by any other applicable policy. 4. In our opinion, this is a fair request. Consequently, while restricting the back wages to 25% as agreed by both the counsel for the parties, it is further directed that the respondent would be entitled to superannuation benefits as per the policy which was in force on the date on which he has attained the age of superannuation. With these observations, this appeal stands disposed of. (MUKUL MUDGAL) CHIEF JUSTICE (AJAY TEWARI) 12.10.2010 JUDGE 'ravinder'