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2025 DAILYLAW 69345 (PNJ)

DIVISIONAL FOREST OFFICER (TERRITORIAL) FOREST DIVISION, MILL GATE AIRPORT ROAD HISAR v. BALA AND ANOTHER

CWP/22974/2018 · 2025-09-23

Kuldeep Tiwari

body2025

Judgment text

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CWP-22974 IN THE HIGH COURT OF PUNJAB AND HARYANA Divisional Forest Officer (Territorial) Forest Division, Mill Gate, Road, Hisar Smt. Bala CORAM: Present: KULDEEP TIWARI 1. from the award dated 16.03.2018 (Annexure P Industrial Tribunal through the instant writ petition, cast under Articles 226/227 of the Constitution favour of the of re-instatement on the same post with continuity in service, and full back wages from the date of issuance of demand and all other consequential benefits. 2. Court that respondent No.1 is working with the petitioner/Management therefore, 22974-2018 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Divisional Forest Officer (Territorial) Forest Division, Mill Gate, Road, Hisar Versus a and another CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI Mr. Naveen Singh Panwar, DAG, Haryana, for the petitioner. Mr. Deepak Sonak, Advocate, for respondent No.1-workman. **** KULDEEP TIWARI, J. (Oral) The Forest Department-Management, fetching grievance from the award dated 16.03.2018 (Annexure P Industrial Tribunal-cum-Labour Court, Hisar, has approached this Court, through the instant writ petition, cast under Articles 226/227 of the Constitution of India, whereby, the reference favour of the respondent-workman, and instatement on the same post with continuity in service, and full back wages from the date of issuance of demand ll other consequential benefits. At the outset, learned State counsel Court that respondent No.1-workman, post working with the petitioner/Management therefore, the only issue, which requires consideration IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-22974-2018 (O&M) Date of decision: 23.09.2025 Divisional Forest Officer (Territorial) Forest Division, Mill Gate, Airport ….Petitioner ….Respondents KULDEEP TIWARI Mr. Naveen Singh Panwar, DAG, Haryana, Mr. Deepak Sonak, Advocate, workman. Management, fetching grievance from the award dated 16.03.2018 (Annexure P-10), passed by the learned Labour Court, Hisar, has approached this Court, through the instant writ petition, cast under Articles 226/227 of the the reference has been answered in and she has been granted the relief instatement on the same post with continuity in service, and full back wages from the date of issuance of demand notice, i.e. 02.05.2016, counsel- petitioner apprises this post passing of the award (supra), working with the petitioner/Management-Forest Department, and consideration, is with regard to 5 Airport ….Respondents Management, fetching grievance 10), passed by the learned Labour Court, Hisar, has approached this Court, through the instant writ petition, cast under Articles 226/227 of the answered in granted the relief instatement on the same post with continuity in service, and full . 02.05.2016, AMIT KUMAR 2025.09.26 16:35 I attest to the accuracy and authenticity of this document CWP-22974 the payment of full back wages. He further similar issue has arisen bunch of petitions, decided on 05.09.2024, 30%. The relevant paragraph of the hereinafter: 3. dispute the judgment (supra), and submits that he has no objection, in case, the matter at hand is 4. to the extent that learned Industrial Tribunal concerned, 5. 23.09.202 Ak Sharma 22974-2018 (O&M) -2- the payment of full back wages. He further similar issue has arisen before a Coordinate Bench bunch of petitions, lead case being CWP decided on 05.09.2024, thereby reducing the 30%. The relevant paragraph of the hereinafter:- “17. Considering the fact been re-engaged, they are working since their re engagement and they had not worked during the period from retrenchment to reinstatement, this Court finds it appropriate to reduce the amount of back wages from 50% to 30%. The said be paid within three months from today and it would not carry interest.” Learned counsel for the respondent No.1 dispute the judgment (supra), and submits that he has no objection, in the matter at hand is also disposed of, In view of the above, the impugned award is modified, only to the extent that the back wages, as granted to the workman learned Industrial Tribunal concerned, are reduced to 30%. Consequently, the instant wri .2025 Whether speaking/reasoned Whether reportable the payment of full back wages. He further informs this Court that a before a Coordinate Bench of this Court, in a CWP-22006-2017, which was thereby reducing the back wages from 50% to 30%. The relevant paragraph of the verdict (supra), is extracted “17. Considering the fact that workmen have already engaged, they are working since their re- engagement and they had not worked during the period from retrenchment to reinstatement, this Court finds it appropriate to reduce the amount of back wages from 50% to 30%. The said amount shall be paid within three months from today and it would Learned counsel for the respondent No.1-workman does not dispute the judgment (supra), and submits that he has no objection, in disposed of, in similar terms. the impugned award is modified, only , as granted to the workman by the are reduced to 30%. Consequently, the instant writ petition is disposed of. (KULDEEP TIWARI) JUDGE Yes/No Yes/No AMIT KUMAR 2025.09.26 16:35 I attest to the accuracy and authenticity of this document