IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP Nos.4320/2011-E. Decided on: 25.11.2011 State of H.P. and another ….. Petitioners. Versus Mitter Dev ….Respondent. Coram : The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice V.K. Ahuja, Judge For the petitioners: Mr.R.K. Bawa, A.G. and Mr. J.K. Verma, Dy. A.G. For the respondent: Ms.Leena Guleria, Advocate, vice Mr.G.R. Palsra, Advocate. Justice Kurian Joseph, C.J. (Oral): Annexure P-1 award is under challenge at the instance of the employer. Though several contentions are taken by the petitioners, finally it is submitted that they are seriously aggrieved by the award in the matter of back wages. The Industrial Tribunal-cum-Labour Court has awarded 50% of the back wages. Though the learned counsel appearing for the respondent-workman vehemently contended for sustaining the award on back wages, we find it difficult to appreciate those contentions. It is now settled law that award of back wages is not automatic. It will dependent on several factors which are to be established before the Labour Court. On going through the award, we find no such consideration regarding such relevant factors in the matter of award of back wages. The Labour Court has, in fact, granted the back wages alongwith the relief of reinstatement without any further discussion. That is impermissible under law. 2. Therefore, the award is modified vacating the grant of back wages. In all other respects, the award is sustained. 3. The writ petition stands disposed of accordingly, so also the pending application(s), if any. (Justice Kurian Joseph), Chief Justice (Justice V.K. Ahuja), November 25, 2011 Judge (tilak)