Civil Writ Petition No.654 of 1994 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.654 of 1994 Date of Decision:23.05.2011 General Manager, Haryana Roadway Rohtak and another ......Petitioners Versus Jagbir Singh and another .....Respondents CORAM: HON'BLE MR. JUSTICE MEHINDER SINGH SULLAR. Present: Mr.Rajiv Prashad, Deputy Advocate General, Haryana. for the petitioners. Mr.R.K.Malik, Senior Advocate, with Mr.Krishan K.Chahal, Advocate, for respondent No.1. Nemo for respondent No.2. **** M EHINDER S INGH S ULLAR , J.(oral) As is evident from the record that Jagbir Singh-respondent No.1(for short “the workman”) was working as a Driver in the Haryana Roadways Rohtak Depot. His services were stated to have been illegally terminated by the petitioners Management-General Manager, Haryana Roadways Rohtak(for brevity “the petitioners-Management”). In the wake of provisions of The Industrial Disputes Act, 1947(hereinafter to be referred as “the Act”), the Labour Court reinstated the workman with continuity of service and full back-wages by virtue of impugned award dated 02.12.1992(Annexure P-3). The petitioners-Management did not feel satisfied and preferred the instant writ petition, challenging the impugned award(Annexure P-3), invoking the provisions of Articles 226/227 of the Constitution of India. It is not a matter of dispute that while admitting the present writ petition, operation of the impugned award(Annexure P-3) was stayed subject to the Civil Writ Petition No.654 of 1994 2 compliance of Section 17-B of the Act. On 03.08.1994, a Coordinate Bench of this Court (R.S.Mongia, J.) passed the following order:- “Learned counsel for the applicant submits that after taking back the applicant-workman in service, the petitioner-Management is paying the last drawn wages which the workman was drawing when his services were terminated and he is not being paid the current wages of the post. It is made clear that after the workman is reinstated, he is entitled to the current wages for the actual duty performed by him and not the last wages drawn by him at the time of his termination. This application is disposed of with a direction to the petitioner- Management that with effect from the date of reinstatement of the workman, he would be entitled to the current wages and not the last wages drawn by him at the time of his termination.” At the very outset, learned counsel appearing on behalf of the workman has submitted that this writ petition has become infructuous and has placed on record a copy of the order bearing No.7043/ECD dated 31.12.2007 (Annexure “RX”), which would go to show that the workman was reinstated in service in pursuance of the order of this Court dated 22.02.1994 and his services were regularized by the respondents. He has already retired from service on 31.12.2007, after attaining the age of superannuation. Learned counsel for the petitioners-Management has also acknowledged the factual matrix and stated that, in view of the order(Annexure “RX”), this writ petition has become infructuous, which may be disposed of as such. In this view of the matter, the instant writ petition is disposed of as having become infructuous. May 23, 2011 (MEHINDER SINGH SULLAR) seema JUDGE