IN THE SUPREME COURT OF INDIA

   CIVIL APPELLATE JURISDICTION

     CIVIL  APPEAL No. 6923   OF  2008

                  [Arising out of SLP(C)No.15762 of 2007]

   PUNJAB STATE ELECTRICITY BOARD ...   Appellant(s)

                       Versus    

PIARA SINGH ...  Respondent(s)

O R D E R  

Leave granted.

This appeal is directed against the judgment and order dated  21st  

May, 2007, passed by the Punjab & Haryana High Court in C.W.P. No.7680 of 2007,  

whereby the High Court chose not to interfere with the order of the Labour Court,  

by which the respondent had been reinstated in service with continuity of service  

and payment of 50 per cent back-wages.

Learned  counsel  appearing  for  the  appellant,  Punjab  State  Electricity  

Board, submits that, although,  initially the appellant's representation to the State  

Government for reference  of  his  dispute  to the  Labour Court  had been  

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rejected,  it  was   7  years  thereafter,  on   a  fresh  representation,  that  the  State  

Government  reviewed  its  earlier  order  and  referred  the  disputes  to  the  Labour  

Court.   According to learned counsel,  since  the  claim was stale,  the  government  

could not have referred the matter at all to the Labour Court.  On behalf  of the  

respondent, however, it is submitted that in view of non-compliance of the provisions  

of Section 25 F of the Industrial Disputes Act, 1947, both the Labour Court as well as  

the High Court were fully justified in directing reinstatement with 50 per cent back-

wages.

Having heard learned counsel for the respective parties, while we are not  

inclined to interfere with the order of reinstatement, since  there was a violation of  

Section 25F of the aforesaid Act, since delay in the reference was on account of the  

lapse on the part of the respondent, we are not, however, inclined to allow the back-

wages that have been granted by the Labour Court and upheld by the High Court.

Accordingly,  we allow the appeal in part.  While maintaining the order  

regarding reinstatement of the appellant in service,  we set aside  that  part of the  

Award  

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regarding the payment of the back-wages.

There will be no orders as to costs.

             ...................J.                                 (ALTAMAS KABIR)   

            ...................J.                         (MARKANDEY KATJU)           

New Delhi, December, 01, 2008.