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2018 Supreme(Online)(P&H) 367

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DIVISIONAL FOREST OFFICER (TERRITORIAL) FOREST DIVISION MILL GATE AIRPORT ROAD HISAR – Appellant
Versus
REKHA AND ANOTHER – Respondent



IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (244) Date of Decisio n : 09.09.2025

1. CWP-22939-2018 Divisional Forest Officer (Territorial)

Forest Division, Mill Gate, Airport Road, Hisar …Petitioner Versus Smt. Rekha and another ...Respondents

2. CWP-23528-2018 Divisional Forest Officer (Territorial)

Forest Division, Mill Gate, Airport Road, Hisar …Petitioner Versus Smt. Krishna and another ...Respondents

3. CWP-24024-2018 Divisional Forest Officer (Territorial)

Forest Division, Mill Gate, Airport Road, Hisar …Petitioner Versus Smt. Parwati and another ...Respondents

4. CWP-24153-2018 Divisional Forest Officer (Territorial)

Forest Division, Mill Gate, Airport Road, Hisar …Petitioner Versus Smt. Rama and another ...Respondents CORAM: HON’BLE MR. JUSTICE KULDEEP TIWARI Present: Mr. Naveen Singh Panwar, DAG, Haryana for the petitioner.

Mr. Deepak Sonak, Advocate for respondent No.1/workman, in all the cases.

****

KULDEEP TIWARI, J. (ORAL)

1. Since the common award has been challenged in all the above captioned writ petition(s), therefore, the same are being taken up together for adjudication.

2. The Forest Department, which is the Management, fetching grievance from the award dated 16.03.2018 (Annexure P-10), passed by the learned Industrial Tribunal-cum-Labour Court, Hisar, has approached this Court, through the instant writ petition(s), cast under Articles 226/227 of the Constitution of India, wherethrough, the reference was answered in favour of the workmen and they were granted the relief of re-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, and all other consequential benefits.

3. Learned counsel for the petitioner, at the outset apprises this Court, that the respondent No.1/workmen, after passing of the award (supra), are now working with the petitioner/Management-Forest Department, and the only issue, which remains pending consideration is with regard to the payment of full back wages. He further apprises this Court that similar issue has arisen in a bunch of petitions, bearing CWP-22006-2017, and other connected matters, decided on 05.09.2024, by a Coordinate Bench of this Court, wherein, the back wages were reduced from 50% to 30%. The relevant paragraph of the said judgment, is extracted hereinafter:-

“17. Considering the fact that workmen have already 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 amount shall be paid within three months from today and it would not carry interest.”

4. Learned counsel for the respondent No.1/workmen, does not dispute the judgment (supra), and submits that he has no objection, in case, all the above mentioned writ petitions are disposed of, with similar directions. Therefore, the impugned award is modified, only to the extent, that back wages are reduced to 30%.

5. Consequently, the instant writ petition(s) are disposed of

6. Photocopy of this order be placed on all the connected case files.

(KULDEEP TIWARI)

JUDGE September 09, 2025 Manpreet

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