When a labor award directing reinstatement or re-engagement reaches finality and remains unstayed, an employer is liable to pay the workman wages for the period from the date of the award until the actual date of re-engagement, as 'no work no pay' does not apply to forced unemployment.

State feels aggrieved against the order passed by the learned Labour Court -cum- Industrial Tribunal, Dharamshala, District Kangra, H.P. on 16.09.2025 in an application moved by the respondent-workman under Section 33-C (2) of the Industrial Disputes Act. Hence, this writ petition.

In terms of the impugned order, respondent workman has been held entitled to an amount of ₹19,52,998/- towards his full wages from 14.05.2013 (date of award) to 06.11.2019 (date of re-engagement) alongwith interest @6% per annum from the date of the order till realization of the amount.

2. Heard learned Additional Advocate General and considered the case file.

3. The Case

3(i). On an industrial dispute raised by the respondent- workman, the appropriate government sent following reference for adjudication to the learned Industrial Tribunal-cum- Labour Court:-

“Whether termination of the services of Sh. Amar Singh S/o Sh. Kimmat Ram, by the Executive Engineer, I & P.H Division, Dalhousie, District Chamba, H.P. w.e.f. 09.11.2000 and retaining the junior workmen, as alleged by worker, is proper and justified? If not, what amount of back wages, seniority, past service benefits and compensation the aggrieved workman is entitled to?”

Learned Labour Court adjudicated the reference and passed an award in favour of the respondent-workman on 14.05.2013 as under:-

“The retrenchment of the petitioner is set aside and quashed. The respondent is directed to re-engage the petitioner forthwith. He shall be entitled to the seniority and continuity in service from the date of his illegal termination i.e. 15.11.2000 except back wages. The respondent is also directed to consider the case of the petitioner for regularization of his services as per the policies framed by the Govt. of Himachal Pradesh from time to time. It is made clear that if the services of any person junior to the petitioner have already been regularized, he (petitioner) shall be entitled to the regularization from the date/month of the regularization of the services of his junior(s).”

In terms of the award, retrenchment of the respondent was set-aside. Petitioner was directed to re engage the respondent-workman forthwith. Respondent workman was further held entitled to seniority and continuity in service from the date of his illegal termination i.e. 15.11.2000 except back wages. Petitioner-State was also directed to consider the case of the respondent workman for regularization of his services as per applicable policies. Respondent-workman was held entitled to regularization from the date, his juniors, if any had been regularized.

3(ii). The award was assailed by the petitioner-State in Civil Writ Petition No.4370/2014. The writ petition was dismissed on 20.08.2016. Petitioner-State assailed the judgment dated 20.08.2016 in Letters Patent Appeal (LPA) No. 59/2018. The LPA was also dismissed on 12.12.2018. The Special Leave Petition preferred by the petitioner-State was also dismissed by the Hon’ble Apex Court on 08.01.2020. The award was still not implemented. Respondent- workman filed an application under Section 11(9) of the Act for enforcement of the award. The executing court issued warrants of attachment of moveable property of the department. The petitioner-State thereafter issued order for implementing the award and respondent workman was re-engaged on 06.11.2019 but with immediate effect. Respondent- workman accordingly joined on 06.11.2019. His services were regularized w.e.f. 01.01.2004 to 05.11.2019 on notional basis and w.e.f. 06.11.2019 on actual basis. His pay fixation was also carried out.

3(iii). Respondent-workman moved an application under Section 33-C(2) of the Industrial Disputes Act, 1947 asserting that he had appeared before the petitioner-State on 10.06.2013 requesting