Rajbir Singh v. Sunder Lal

COCP No. 1560 of 2017 1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

COCP No. 1560 of 2017 Date of Decision: June 02, 2017.

Rajbir Singh ....Petitioner

Versus

Sunder Lal .....Respondent

CORAM:

HON'BLE MR.JUSTICE RAJAN GUPTA

Present:

Mr. S.K.Daaria, Advocate for the petitioner.

Rajan Gupta, J (Oral) Petitioner alleges violation of order dated 18.1.2017 passed by the writ court. Operative part thereof reads as under:- "As a result of the discussion on the case as above, this petition is allowed. The impugned award is set aside. The office order dated January 16, 2017 is invalidated as it runs counter to Article 14 and the law in Hari Nandan Prasad case (supra). The petitioner is ordered to be reinstated to service. In order to serve the ends of justice, the petitioner would take 50% of the back wages. A formal order re: reinstatement to service and regularisation is directed to be passed in the light of this judgment. The exercise be completed within six weeks from the date of receipt of a certified copy of this order, either from the Court or from the petitioner, whichever is earlier."

Stand of the petitioner is that order has been partly complied with as workman has been reinstated in service as directed by the writ court. However, other benefits envisaged by the order have not been granted.

COCP No. 1560 of 2017 2 Under the circumstances, another opportunity is granted to the respondent to do the needful at the earliest in any case not later than two months. In the eventuality, contempt is not purged, petitioner shall be at liberty to seek revival of the petition. This court shall consider imposition of exemplary costs in case such a situation arises. Disposed of.

(Rajan Gupta) Judge June 02, 2017.

BB Whether speaking/reasoned Yes/No Whether reportable: Yes/No