Hseb Workers Union v. Uttar Haryana Bijli Vitran Nigam Ltd. And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-5261-2020 (O&M) DECIDED ON: 22 nd September, 2020 HSEB WORKERS UNION .....PETITIONER

VERSUS

UTTAR HARYANA BIJLI VITRAN NIGAM LTD. AND ORS .....RESPONDENTS

CORAM:

HON'BLE MR. JUSTICE AVNEESH JHINGAN.

Present:

Mr. Nitin Jain, Advocate for the petitioner.

Mr. Deepak Manchanda, Advocate for the respondents. AVNEESH JHINGAN, J (ORAL) The matter is taken up for hearing through video conference due to COVID-19 situation.

The present petition is filed by Haryana State Electricity Board Workers Union seeking quashing of the office orders dated 28 th June, 2019 and nd July, 2019 passed by SDO(OP)S/Division, UHBVNL, Pipli whereby, Lineman have been given the officiating charge of Junior Engineers and have been made Feeder Incharge.

Notice of motion as well as notice regarding stay was issued. Today, during the course of arguments the issue arose with regard to the locus-standi of the petitioner, as the JE as well as Lineman and other employees are members of Union.

At this stage, learned counsel for the petitioner submits that in order to cut short the controversy with regard to the maintainability of the petition at the instance of the petitioner, he would be satisfied if a direction is issued to respondent No.1 to decide the legal notice dated 5 th December, 2019 SHAM SUNDER 2020.09.22 03:54 I attest to the accuracy and integrity of this document High Court, Sector-1, Chandigarh

CWP-5261-2020 (O&M) -2in a time bound manner.

It is further stated that in case of aggrieved of the decision, the Union will not challenge the same leaving it for aggrieved person to avail remedies available.

Leaned counsel for respondents submits that respondent No.1 would look into the legal notice and the decision would be taken on merits within three weeks from today.

In view of above, the present petition is disposed of with a direction to respondent No.1 to decide the legal notice on merits in accordance with law as soon as possible. However, it is clarified that in case there is grievance against the order passed on the legal notice the aggrieved person/employees of the UHBVNL would be at liberty to avail remedy available in accordance with law.

(AVNEESH JHINGAN) nd September, 2020 JUDGE sham Whether speaking/reasoned Yes/No Whether reportable Yes/No SHAM SUNDER 2020.09.22 03:54 I attest to the accuracy and integrity of this document High Court, Sector-1, Chandigarh