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2024 DAILYLAW 1857 (PNJ)

GABA OVERSEAS PVT LTD v. PO INDUSTRIAL TRIBUNAL CUM LABOUR COURT & ANR

CWP/7088/2014 · 2026-02-03

Kirti Singh

body2024

Judgment text

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CWP-7088-2024 -1- 231 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Decided on: 03.02.2026 CWP-7088-2014 Gaba Overseas Pvt. Ltd. .... Petitioner versus Presiding Officer, Industrial Tribunal-cum- Labour Court and another .... Respondents CWP-7144-2014 Liberty India .... Petitioner versus Presiding Officer, Industrial Tribunal-cum- Labour Court and another .... Respondents CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI Present: Mr. Dinesh Babu Khurana, Advocate for Mr. Rishi Pal Rana, Advocate for the petitioner(s). Mr. Gaurav Tyagi, Advocate for respondent No.2. **** Kuldeep Tiwari, J. (Oral) 1. Both these petitions are amenable to be decided together as the issue involved therein is same. The reference made under Section 10(1)(c) of the Industrial Disputes Act, 1947, is answered in favour of the respondent- workman through the impugned award(s), wherethrough, he was granted the relief of reinstatement with continuity of service, and 50% backwages from the date of demand notice i.e. 20.09.2006. 2. This petition is pending consideration before this Court since 2014. It is informed to this Court that post the passing of the impugned SONIA BURA 2026.02.09 10:05 I attest to the accuracy and integrity of this document CWP-7088-2024 -2- award, the respondent-workman was reinstated into service and after attaining the age of superannuation, he has now retired. Therefore, the only question, which requires consideration is as to whether, the respondent-workman is entitled to 50% backwages as awarded in the impugned award or not. 3. During the course of arguments, both the learned counsel for the parties reached to a consensus that instead of 50% backwages, the respondent- workman may be held entitled only to 25% backwages. 4. In view of consensus between both the parties, the impugned award is modified with regard to backwages only, and the backwages is reduced to 25% from the date of demand notice i.e. 20.09.2006. 5. With above-said observations, present petition(s) stand(s) disposed of. 6. Photocopy of this order be placed on the file of connected matter. 03.02.2026 (KULDEEP TIWARI) sonia JUDGE Whether speaking/non-speaking? Yes/No Whether reportable? Yes/No SONIA BURA 2026.02.09 10:05 I attest to the accuracy and integrity of this document