2025:HHC:45077 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.8745 of 2013 Decided on: 22.12.2025 The Administrator, The Mandi Urban Co-operative Bank Ltd [ … Petitioner Versus Sanjeev Kapoor .… Respondent Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________ For the petitioner : Mr. R.S. Gautam, Advocate. For the respondent : Mr. Manish Sharma, Advocate. Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioner has prayed for following reliefs:- (I) To issue the writ in the nature of Certiorari for quashing the impugned award dated order dated 03.08.2013 (Annexure P-4) passed by learned Labour Court-cum-industrial Tribunal Dharamshala for which the petitioner humbly prays. (ii) That during the pendency of the proceedings the operation/execution of impugned award be stayed. 2. The petitioner herein assailed the award passed by the Tribunal, the relevant portion whereof reads as under:- 1 Whether reporters of the local papers may be allowed to see the judgment? 2. 2025:HHC:45077 “As a sequel to my findings on the various issues, the instant claim petition succeeds in part and the same is partly allowed. The claim of the petitioner regarding reduction of his salary in a wrongful manner being meritless fails. The same is hereby dismissed. However, the final termination of the services of the petitioner by the respondent w.e.f 01.07.2006 is set aside and quashed. The respondent is directed to reinstate the petitioner forthwith. He shall be entitled to the seniority and continuity in service from the date of his illegal termination i.e. Ist July, 2006 except back wages. It is clarified that the services of the petitioner will be re-engaged by the respondent within a period of three months from today failing which the petitioner shall be entitled to the wages from the date of his termination to the date of reinstatement. Parties to bear their own costs.” 3. When this case was taken up on 17.12.2025, this Court made an observation that interest of justice would be served in case the employer pays the workman back wages from the date of filing of the claim i.e. from the month of July 2010 to 28.12.2013, that is the date, when the workmen was re-engaged after passing of the award. 4. Learned counsel for the petitioner bank stated on 17.12.2025 that the petitioners are agreeable to the said suggestion. Today, learned Senior counsel for the private respondents submits 3. 2025:HHC:45077 that appropriate order be passed as no instructions are coming forth from the respondent. 5. In the back drop of the case as well as the award and in light of the fact that the workman was re-engaged w.e.f 28.12.2013, these proceedings are disposed of by modifying the award passed by the learned Labour Court with the direction that the bank shall pay back wages to the petitioner from 01.07. 2010 up to 28.12.2013. In case the payment is made within two months from today, the same shall not entail any interest. Delay in the payment beyond the said date shall entail interest at the rate of 6% from the date of this order. 6. In light of the judgment passed by this Court today, the order passed by the learned Executing Court dated 29.05.2025 appended along with CMP is set aside and the learned Executing Court is also directed to close the execution proceedings. Petition stands disposed of. All miscellaneous application (s), if any, also stands disposed of. (Ajay Mohan Goel) Judge December 22, 2025 (meera) 4. 2025:HHC:45077