COCP/1774/2008 of NARESH CHANDER Vs R.P. SINGH AND ANR. on 24 December 2008

1. Naresh Chander

COCP No. 1774 of 2008 Date of Decision: 24.12.2008.---Petitioner

Vs.

R.P. Singh and another

---Respondents

2. COCP No. 1775 of 2008

Harbhal Singh---Petitioner

Vs.

R.P. Singh and another

3. COCP No. 1776 of 2008Ashwani Kumar

---Respondents---Petitioner

Vs.

R.P. Singh and another

---Respondents

4. COCP No. 1777 of 2008

Deva Nand

---Petitioner

Vs.

R.P. Singh and another---Respondents

5. COCP No. 1778 of 2008

Gurmit Singh---Petitioner

Vs.

R.P. Singh and another

---Respondents

COCP No. 1774 of 2008

6. COCP No. 1779 of 2008

Satinder Pal Singh

---Petitioner

Vs.

R.P. Singh and another

---Respondents

7. COCP No. 1780 of 2008

Surinder Kumar

---Petitioner

Vs.

R.P. Singh and another

---Respondents

8. COCP No. 1781 of 2008

Rajbir Singh

---Petitioner

Vs.

R.P. Singh and another

---Respondents

CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI.

Present:Mr. Pankaj Gupta, Advocate for the petitioner.

Mr. I.P. Singh, Advocate for the respondent.

***

PERMOD KOHLI.J (ORAL)

The award of the Labour Court passed in favour of thepetitioner was challenged in CWP No. 15908 of 2007, wherein, this Courton November 13, 2007 passed the following order:- “ In view of above, while admitting the petition for furtherconsideration and continuing the stay against the payment of back wages, we decline stay of reinstatement as per the impugned award.”

COCP No. 1774 of 2008

Reply has been filed stating therein that the petitioner has beenreinstated which fact has been acknowledged by learned counsel for thepetitioner. His grievance is that the petitioners are being paid the wages,which were being drawn at the time of their termination and in view of theaward their services have been continued. Therefore, at least their wagesare to be paid giving them the benefit of continuity in service onreinstatement. Though, the directions of this court for reinstatement havebeen carried out, however, the respondents are required to pay the wages tothe petitioners treating their service as continued. Though, they are notrequired to pay back wages to the petitioners. The respondent will re-fixtheir wages in accordance with the above observations within a period ofthree months from today subject to filing a representation by the petitioner,if, not already filed.

With these observations, these petitions are disposed of.

A copy of this order be placed on record of each file.

(PERMOD KOHLI) JUDGE