LAWS(P&H)-2003-9-6

STATETRANSPORT COMMISSIONER, HARYANA, CHANDIGARH Vs. SUKHBIR SINGH

Decided On September 16, 2003
STATE OF HARYANA Appellant
V/S
SUKHBIR SINGH Respondents

JUDGEMENT

(1.) THE petitioners (hereinafter referred to as 'the Management") have filed this writ petition seeking issuance of a writ in the nature of Certiorari quashing the award dated 18. 1. 2001 whereby respondent No. 1 (hereinafter referred to as "the workman") has been directed to be reinstated in service with 40% back wages.

(2.) AT the outset, it needs to be noticed that the workman had also challenged the aforesaid award by way of CWP No. 7001 of 2002 claiming that he had been wrongly denied 60% of the back wages. The aforesaid writ petition filed by the workman was dismissed by a Division Bench of this Court on 6. 5. 2002.

(3.) MR. C. M. Chopra, learned counsel appearing for the workman has submitted that the present writ petition filed by the Management is not maintainable as the award has already been upheld by a Division Bench of this Court. We are unable to accept the aforesaid submission of the learned counsel as the only issue involved in the aforesaid writ petition was whether the workman was entitled to the grant of full back wages. The legality of the award was already under challenge in the present writ petition filed by the Management.