LPA No. 965 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. LPA No. 965 of 2010 (O&M) Date of decision 12 .10.2010 M/s Mitra Industries Ltd. ... Appellant Versus Presiding Officer and another ... Respondents. CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MS. JUSTICE RITU BAHRI Present: Mr. Mohak Bhadana ,Advocate for the appellant 1.To be referred to the Reporter or not ? 2.Whether the judgement should be reported in the Digest ? M.M.KUMAR, J. The instant appeal filed under Clause X of the Letters Patent is directed against judgement dated 25.3.2010 passed by a learned Single Judge of this Court setting aside the award of Industrial Tribunal -cum- Labour Court dated 3.9.2008. The learned Single Judge has further held the petitioner to be an employee of the appellant management and that his termination was not in accordance with law. Accordingly the workman- respondent has been held entitled to reinstatement in service with all consequential benefits and 70% back wages from the date of demand notice. The only ground urged in support of the appeal is that the workman respondent was gainfully employed in as much as he was keeping a buffalow. According to the learned counsel he used to sell the buffalow milk. In that regard he has read out the statement of workman- respondent before the Labour Court. Having heard the learned counsel we are of the considered view LPA No. 965 of 2010 2 that the issue with regard to gainful employment was neither raised before the Labour Court nor before the learned Single Judge. Moreover, self employment of the nature to which reference has been made would not be regarded as gainful employment as has been held by Hon'ble the Supreme Court in the case of Rajinder Kumar Kindra v. Delhi Administration and others (1984) 4 SCC 635. In any case, the learned Single Judge has not awarded the workman- respondent full back wages and has restricted it to 70% from the date of demand notice. Accordingly, we do not find any merit in the appeal and the same is accordingly dismissed. (M.M.Kumar) Judge ( Ritu Bahri ) 12 .10.2010 Judge okg