Municipal Council, Panipat v. The Presiding Officer, Industrial Tribunal-cum-Labour Court, Panipat

CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. Jagdish Manchanda, Advocate for the petitioner. Mrs. Abha Rathore, Advocate for respondent No. 2. ... Rajesh Bindal J. The writ petition was filed by the management challenging the award dated 17.2.2003, passed by the Presiding Officer, Industrial Tribunal- cum-Labour Court, Panipat directing reinstatement with continuity of service of the respondent-workman. The writ petition was admitted. Operation of the impugned award was stayed subject to compliance of Section 17-B of the Industrial Disputes Act, 1947. The applications have been filed by the petitioner-management stating that the dispute has been settled with the workman. He has sworn an affidavit dated 7.8.2006 stating that in case he is taken back in service, he will not claim back wages. In fact, respondent-workman was permitted to join service in the year 2006 itself and is still working there. He further referred to an earlier order passed by this court on 10.11.2006 in C.W.P. No. 3965 of 2003, where under similar circumstances, another workman was also granted the same relief. CWP No. 12555 of 2003 [2] In view of the affidavit filed by the workman, the writ petition is disposed of with a partial modification of the impugned award to the extent that the relief granted to the respondent-workman pertaining to back wages is set aside. The workman shall otherwise be entitled to all the benefits as are available to him in terms of the award of the Labour Court.

5.7.2012 ( Rajesh Bindal ) Judge