Civil Writ Petition No. 1734 of 1992 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Civil Writ Petition No. 1734 of 1992 Date of decision : 30.3.2011 State of Punjab through General Manager,Pb. Roadways, Chandigarh. … Petitioners Versus POLC, UT Chandigarh, & another … Respondents CORAM:- HON’BLE MR. JUSTICE ARVIND KUMAR Present: Mr. D.S.Brar, DAG Punjab Mr. J.S.Bhatia, Advocate, for the respondent … ARVIND KUMAR,J: The present petition under Article 226/227 of the Constitution of India has been preferred by the department challenging award dated 9.7.1990 passed by the Labour Court, UT Chandigarh, whereby the workman has been ordered to be reinstated into service with benefit of continuity along with 40 per cent back-wages. This relief has been granted to the workman by the Labour Court while invoking the provisions of Section 11-A of the Industrial Disputes Act, 147 (in short, the Act). Counsel for the department has not been able to bring to the notice of the Court any infirmity in the impugned award. Thus, nothing has been impressed upon this Court to take any contrary view; rather the main stress of the counsel for the petitioner is with regard to payment of back-wages with the plea that grant of 40 per cent of the back-wages is on Civil Writ Petition No. 1734 of 1992 2 the higher side. The contention is meritless. The payment of back-wages is a discretionary power which has to be exercised keeping in view the facts and circumstances of each case and neither strait-jacket formula can be evolved nor a rule of universal application can be adopted. In Allahabad Jal Sansthan v. Daya Shankar Rai and another, 2005(5) SCC-124, it has been held by the Hon’ble Supreme Court that it is necessary to develop a pragmatic approach to problems dogging industrial relations. However, no just solution can be offered, but a golden mean may be arrived at, and opined that interest of justice would be subserved if the workman is awarded 50 per cent of back-wages. Therefore, keeping in view the said ratio, the grant of 40 per cent back-wages in this case is fair enough. In view of what has been stated above, the learned Labour Court has rightly answered the reference. There is no infirmity in the award passed by the Labour Court which is just and reasoned. Accordingly, the present writ petition being without any merit is dismissed. March 30, 2011 ( ARVIND KUMAR ) JS JUDGE