1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO. 6332/2006 Urban Improvement Trust, Bhilwara Vs. The Judge, Labour Court Cum Industrial Tribunal, Bhilwara & Anr. Date of Order : 16/04/2007 PRESENT HON'BLE MR. JUSTICE H.R.PANWAR Mr. Sandeep Shah for the petitioner. Mr. R.S.Saluja for the respondent. BY THE COURT:- By the instant writ petition under Article 226 and 227 of the Constitution of India, the petitioner employer has challenged the award Annex.1 dated 10.10.2005 notified vide Annex.2 dated 12.7.2006 passed by respondent No.1, Judge, Labour Court cum Industrial Tribunal, Bhilwara (for short 'the Labour Court' hereinafter). I have heard learned counsel for the parties. Learned counsel for the respondent workman has placed on record order Annex.R/2/1 dated 19.3.2007 supported by an affidavit, whereby the workman has been reinstated in 2 compliance of the award Annex.1 as notified by Annex.2. The only point now survives is that as to whether in the peculiar facts and circumstances of the case, the back wages are justified. Counsel for the respondent workman submits that if the workman's reinstatement is allowed to stand, then the workman is prepared to forego the back wages. In this view of the matter, since the respondent workman has been reinstated in compliance of the Award Annex.1 and the workman is prepared to forego the back wages, therefore, the award deserves to be modified to the extent that while maintaining the order of reinstatement, the order awarding 50% back wages deserves to be set aside. Accordingly, the writ petition is partly allowed. The award impugned dated 10.10.2005 is modified to the extent that the respondent workman is entitled for the reinstatement, however, he is not entitled for the back wages and the order awarding 50% back wages stands set aside. No order as to costs. (H.R.PANWAR),J. rp