CWP No. 7592 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 7592 of 2009 Date of decision: 20.05.2009 The Divisional Forest Officer (Social Forestry), Bhiwani now The Divisional Forest Officer, (Territorial), Bhiwani .....PETITIONER VERSUS Santra Devi w/o Sh. Om Parkash, Village Bardu Jogi, PO Budhera, Tehsil Loharu, District Bhiwani and another ..... RESPONDENTS CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present: Mr. Kartar Singh, Assistant Advocate General, Haryana, for the petitioner. *** AUGUSTINE GEORGE MASIH, J. In the present writ petition, the challenge is to the award dated 14.09.2007 (Annexure P-1) passed by the Industrial Tribunal-cum-Labour Court, Rohtak, vide which the reference was answered in favour of the workman-respondent No. 1 holding her entitled to reinstatement on her previous post with continuity of service and 50% back wages from the date of demand notice i.e. 13.11.2000. CWP No. 7592 of 2009 2 The impugned award is dated 14.09.2007 and the date of filing of the present writ petition is 18.05.2009. There is no explanation on behalf of the petitioner explaining the delay. Counsel for the petitioner submits that there is no limitation prescribed for challenging the award of the Labour Court and, therefore, the Court may entertain the present writ petition. I have heard the counsel for the petitioner. The award in favour of the workman was passed by the Labour Court on 14.09.2007 and the present writ petition has been filed on 18.05.2009. No explanation has come forth on behalf of the petitioner explaining the delay, which would reflect upon the bona-fides and the care and caution put in by the department in pursuing its remedy before this Court. There is, therefore, an unexplained delay of 1 year 8 months. Therefore, in the opinion of the Court, there is an inordinate and unexplained delay in approaching this Court by way of present writ petition. Further, the findings have been recorded by the Labour Court that the provisions of Sections 25-G and 25-H of the Industrial Disputes Act have been violated as the principle of 'last come first go' has not been adopted by the petitioner-Management, therefore, the workman was entitled to reinstatement on her previous post with continuity of service and 50% back wages from the date of demand notice. In the light of the above, the Court is not inclined to interfere in the present writ petition. The writ petition, therefore, stands dismissed. ( AUGUSTINE GEORGE MASIH ) JUDGE May 20, 2009 pj