NON REPORTABLE

     IN THE SUPREME COURT OF INDIA      CIVIL APPELLATE JURISDICTION

     CIVIL APPEAL NO.5576  OF 2009       (Arising out of SLP©No.20625 CC No.10246 of 2009)

State of Haryana Through Manager Haryana Roadways , Rohtak.           ----Appellants

Versus

Krishan Lal         ----Respondent

J U D G M E N T

TARUN CHATTERJEE,J.

1. Delay condoned.  

2. Leave granted.

3. This is an appeal filed at the instance of the State of  

Haryana through its  Manager,  Haryana Roadways  

against the judgment and order dated 31st of July,  

2008  passed  by  the  High  Court  of  Punjab  &  

Haryana at Chandigarh in C.W.P.No.1921 of 2008  

by  which  the  High  Court  had  partly  allowed  the  

appeal and the award dated 4th of June, 2005 was  

modified to the extent that the workman-respondent  

shall  be  entitled  to  re-employment  from the  date

another workman had been taken into employment  

at the earliest after June 30, 1996. The High Court  

also  directed  by  the  impugned  order  that  the  

respondent  shall  be  entitled  to  50%  back  wages  

from the date of demand notice. It was also directed  

that  the  respondent-workman  shall  be  entitled  to  

full back wages from the date the first person was  

appointed on the job of a driver or the like, as the  

case may be,  after  the  date  of  termination of  the  

workman, i.e. 30th of June, 1996.

4. At the time of  hearing of this appeal,  the learned  

counsel for the parties had drawn our attention to  

an order passed by this Court on 6th of February,  

2009 by which, this Court had similarly refused to  

interfere with the order passed by the High Court  

re-instating the workman but modified the award to  

the  extent  that  the  workman shall  be  entitled  to  

30% of back wages instead of 50% as directed by  

the High Court.  Such being the stand taken by us  

in the similar matter, we also dispose of this appeal

by  directing  that  the  appellants,  i.e.  General  

Manager,  Haryana  Roadways,  Rohtak  shall  re-

instate the respondent within a period of one month  

from this date without fail and the respondent shall  

be entitled to 30% of the back wages and be paid  

the  said 30% of  back wages  within  three months  

from this date. Accordingly, the impugned order of  

the High Court is modified to the extent indicated  

above.

5. Subject to the above modification, the appeal stands  

dismissed.  There will be no order as to costs.      

………………….J. [Tarun Chatterjee]

New Delhi; …………………J. August 18, 2009. [R.M.Lodha]