Range Forest Officer And Anr vs Kuljit Singh And Anr

Kuldeep Tiwari, J

Through the instant writ petition, filed under Article 226/227 of the Constitution of India, the Department of Forest, Punjab, through Range Forest Officer, challenge is thrown to the Award dated 07.02.2017 (Annexure P-4), passed by the Industrial Tribunal, Gurdaspur (respondent no.2), wherethrough, the reference was answered in favour of the workman-respondent no.1, and he was granted the benefit of reinstatement with continuity in service alongwith 50% back wages.

During the pendency of the instant petition, respondent no.1-workman, was reinstated. On dated 06.03.2020, a co-ordinate bench of this Court, had passed the hereinafter extracted order:-

“This application has been filed by the applicant/petitioner, inter alia, praying for staying the operation of the impugned award dated 07.02.2017. It is submitted by learned counsel for the applicant/petitioner that respondent No.1 is trying to get the award implemented by approaching the Labour-cum-Conciliation Officer, Gurdaspur who in turn has directed the applicant/petitioner to implement the award.

Upon notice, Mr. Arun Gosain, Advocate accepts notice on behalf of non-applicant/respondent No.1-workman.

Learned counsel for the non-applicant/workman submits that during the pendency of the writ petition the non-applicant/workman has been reinstated in job. The Labour-cum-Conciliation Officer before whom proceedings for implementation of the award are pending is directed to adjourn the proceedings to a date beyond the date given by this Court.

Counsel for the non-applicant/workman would seek instructions and make a definite statement if the non-applicant/workman is ready to forego the financial benefits subject to the condition that the applicant/petitioner would agree for not challenging the award of reinstatement awarded by the Labour Court. Let both the counsels seek appropriate instructions in the matter before the date fixed in the main case.”

Today, learned counsel for respondent no.1, submits that the respondent no.1-workman, is ready to forego his financial benefits. On the other hand, learned counsel for the petitioners, on instructions imparted to him by Mr. Atul Mahajan, DFO, Gurdaspur, also made a statement that the petitioners-department will not further challenge the Award (supra), passed in favour of the workman-respondent no.1.

In view of the above consensus arrived at between the parties concerned, no further order is required to be passed in the instant petition, which is hereby, closed.

Disposed of accordingly.