High Court of Punjab and HaryanaCWP/15769/2002dismissed

Chief Engineer,Rsdc v. Braham Dass & ANR.

2022-07-19Mr. Justice Rajbir Sehrawat2 pages

CWP-15769-2002 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-15769-2002 Date of Decision: 19.07.2022 Chief Engineer/RSDC, Irrigation Works, Punjab and another ...... Petitioners

Versus

Shri Braham Dass and another ...... Respondents

CORAM:

HON'BLE MR. JUSTICE RAJBIR SEHRAWAT Present :

Ms. Harsimrat Rai, Deputy Advocate General, Punjab, for the petitioners.

Mr. Tahaf Bains, Advocate, for respondent No.1.

***** RAJBIR SEHRAWAT, J. (ORAL) This is a petition filed under Articles 226/227 of the Constitution of India seeking issuance of a writ of certiorari quashing the award dated 18.04.2002 passed by respondent No.2. The brief facts, as mentioned in the petition, are that the respondent-workman asserted that he worked with the petitioner-department from 01.08.1988 till 26.02.1994, when his services were illegally terminated without issuing any notice or payment of retrenchment compensation. The dispute was raised by the respondent-workman. The labour court has decided the award in favour of the respondent-workman by ordering the reinstatement of the respondent-workman with continuity of service and full back wages. The petitioner-department has challenged the said award. VIRENDRA SINGH ADHIKARI 2022.07.25 10:12 I attest to the accuracy and authenticity of this order/judgment

CWP-15769-2002 -2It has come up during the argument that the respondentworkman was reinstated during the pendency of the present petition. He was regularized in service w.e.f 23.02.2011. Thereafter, he worked with the petitioner-department till 30.11.2020, when he attained the extended age of superannuation.

Since, the respondent-workman has already retired as regular employee of the State Government, therefore, the issue of reinstatement does not survive any more. Hence, the present petition has been rendered infructuous.

In view of the above, the present petition is dismissed as having been rendered as infructuous.

(RAJBIR SEHRAWAT) JUDGE 19.07.2022 adhikari Whether speaking/reasoned Yes/No Whether Reportable Yes/No VIRENDRA SINGH ADHIKARI 2022.07.25 10:12 I attest to the accuracy and authenticity of this order/judgment