Lakhmir Singh And ORS v. Shiromani Gurdwara Parbandhak Committee And ANR

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-6827-2021 Date of Decision: 24.03.2021 Lakhmir Singh and others

...Petitioners

Versus

Shiromani Gurdwara Parbandhak Committee and another ..Respondents CORAM: HON'BLE MR. JUSTICE ARUN MONGA Present :

Ms. Vanita Sapra Kataria, Advocate, For the petitioner.

(Presence marked through video conference).

ARUN MONGA, J. (ORAL) Petition herein , inter alia, is for issuance of a writ in the nature of mandamus directing the respondents to release the benefit of refund of Provident Fund vide letter No.4098/8 dated 18.07.2018 (Annexure P-10) on the basis of decision taken by the Executive Committee and Board of Trustees Provident Fund.

2.

Learned counsel for the petitioners submits that petitioners submitted various representations followed by legal notice dated 27.08.2020 (Annexure P-11) but the same have not been adverted by the respondents till date. While other employees of SGPC have been given the benefits, as sought by the petitioners, but they have been not accorded parity by adopting discriminatory yardstick.Hence, the instant petition. 3.

Learned counsel for the petitioners submits that, at this stage, she would be satisfied if a final decision is taken, either way, on the pending legal notice dated 27.08.2020 (Annexure P-11) sent by the petitioners, SHALINI BHATIA 2021.03.25 04:51 I attest to the accuracy and integrity of this document

wherein they have spelled out their grievance qua non release of Provident Fund, as well as other benefits.

4.

Given the nature of order being passed, there is no necessity to seek return by any of the respondents as no further proceedings and/or pleadings are required.

5.

Without commenting on the merits of the case, the writ petition is disposed of with a direction to the competent authority to look into the legal notice dated 27.08.2020 (Annexure P-11) as well as the contentions stated in the present petition, by treating the same as supplementary representation, and decide the same, by passing a speaking order, in accordance with law.

6.

Let the needful be done within a period of 60 days from today. 7.

In case, any favourable order is passed, then benefit thereof be accorded to the petitioners within a period of 30 days thereafter. 8.

Disposed of accordingly.

March 24, 2021 (ARUN MONGA) vandana JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No SHALINI BHATIA 2021.03.25 04:51 I attest to the accuracy and integrity of this document