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2011 DIGILAW 612 (HP)

HPSEB v. Pratap Chand

2011-02-23

KURIAN JOSEPH, V.K.AHUJA

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JUDGMENT Kurian Joseph, C.J. Challenge is on Annexure P-3, award dated 29.11.2006, passed by the Industrial Tribunal-cum-Labour Court, Dharamshala. Similar cases have been decided by this Court by vacating the direction for back wages in the award. We may extract the operative portion of one such judgment in CWP No. 6375 of 2010, which reads as follows: “9. For the reasons stated above, the petitions are disposed of in the following terms: (i) The impugned awards to the extent the same relate to reinstatement of the worken alongwith continuity in service and seniority from the date(s) of termination, are upheld; (ii) In cases where though the workmen have been held entitled for reinstatement, but without continuity in service and seniority, they shall also be entitled for continuity in service and seniority from the date(s) of termination; (iii) The petitioner, Narinder Singh, in Reference No. 121 of 2007, Narinder Singh vs. The Executive Engineer, HPSEB, Division Amb, Dist. Una, H.P. (CWP No. 6375 of 2010) shall not be entitled for any back wages; and (iv) All the workmen are ordered to be reinstated alongwith continuity in service and seniority from the date(s) of termination, within one month from the date of production of copy of this judgment by the petitioner concerned before the appointing authority, if not already reinstated.” 2. This Writ Petition is also disposed of in terms of the judgment as extracted above.