Haryana Tourism Corporation Ltd vs Presiding Officer, Industrial … on 19 December, 2024

Punjab-Haryana High Court

Haryana Tourism Corporation Ltd vs Presiding Officer, Industrial … on 19 December, 2024

Author: Lisa Gill

Bench: Lisa Gill

SUNIL

LPA-3282-2024 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

LPA-3282-2024 (O&M)
Date of decision: 19.12.2024

Haryana Tourism Corporation Ltd.
ee Petitioner(s)
Versus

Presiding Officer, Industrial Tribunal-cum-Labour Court, Panipat and
another
senee Respondent(s)

CORAM:- HON'BLE MRS. JUSTICE LISA GILL
HON'BLE MRS. JUSTICE SUKHVINDER KAUR

Present: Mr. P.C. Goyal, Advocate

for appellant.
LISA GILL, J.

1. Prayer in this appeal is for setting aside order dated 30.09.2024,

passed by learned Single Bench whereby writ petition filed by appellant was
disposed of.

2. Appellant – Haryana Tourism Corporation Ltd. had filed CWP-
14389-2004 challenging award dated 12.02.2004, passed by learned Industrial
Tribunal-cum-Labour Court, Panipat, wherein reinstatement of respondent-
workman to the post of Counter Incharge with continuity in service and full
back wages, has been ordered. Learned Labour Court concluded that
termination order dated 08.08.1996 was in complete violation of Section 25 of
Industrial Disputes Act, 1947. The reference was answered in favour of
workman holding him entitled to reinstatement to the post in question with

continuity of service with full backwages w.e.f. date of his notice i.e.

2024.12.23 15:49
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SUNIL

LPA-3282-2024 (O&M)
19.03.1997. Appellant-Corporation filed above said writ petition challenging
this Award. It is duly recorded in order dated 30.09.2024 that:-

“2. Counsel for the parties are ad-idem that
workman has been reinstated, thus, prayer qua
setting aside of order of reinstatement has rendered

infructuous.

3. Further contention on behalf of appellant that backwages was
recorded as under:-

3. Mr. Vishal Gupta submits that the Labour Court
has mechanically awarded full back wages. The
workman had not worked during the period of his
termination, thus, amount of back wages should be
re-considered. He further submits that this Court in a
bunch of petitions has reduced amount of back
wages to the tune of 30% where the workers have
been reinstated.”

4. Learned Single Bench reduced the amount of back wages to 30%
from 100% with a direction that amount would be released within three
months, failing which the Corporation would pay interest @ 9%. This order
dated 30.09.2024 is the subject matter of challenge before us.

5. Learned counsel for appellant is unable to raise any ground to
challenge the said order. It is apparent from a bare perusal of impugned order
dated 30.09.2024, that counsel for parties had agreed that once the workman
was reinstated, prayer for setting aside the said order was rendered
infructuous. No argument had been raised on behalf of Corporation in this
respect. Prayer for reduction of back wages from 100% to 30% as addressed
by the counsel for Corporation was allowed. In fact present case is a fit case

for imposition of appropriate cost for filing a frivolous appeal. However, at

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LPA-3282-2024 (O&M)

fervent request of learned counsel for appellant and assurance by learned
counsel that in future matters would be carefully considered before filing of
appeals and also keeping in view Litigation Policy of the State, we desist from
imposing cost.

6. There is a delay of 23 days in filing of this appeal. As the same
has been adjudicated upon on merits, decision on the application for

condonation of delay is rendered academic. Application is disposed of

accordingly.

7. No other argument has been addressed.

8. Keeping in view the facts and circumstances as above, this appeal

is accordingly dismissed with no order as to cost.

9. Pending miscellaneous application(s), if any, stand(s) disposed of
accordingly.

(LISA GILL)
JUDGE
(SUKHVINDER KAUR)
19.12.2024 JUDGE
Sunil

Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No

SUNIL

2024.12.23 15:49

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