Nand Kishore v. The Punjab State Warehousing Corporation

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CR-1615-2019 Date of decision: 03.08.2022 NAND KISHORE ..Petitioner

Versus

THE PUNJAB STATE WAREHOUSING CORPORATION & ANR. ..Respondent CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:

Mr. P.P.S Tung, Advocate for the petitioner.

Mr. Anil Kumar Sharma, Advocate for respondent.

ANIL KSHETARPAL, J(Oral) The petitioner is a former employee of the respondentCorporation. His suit for grant of decree of declaration was allowed on 06.11.2009, while granting the following relief:- "In view of my findings under the aforesaid issues, suit of the plaintiff succeeds and the same is decreed and the defendants are directed to consider the case of the plaintiff for the purpose of pensionary benefits by including the service rendered by the plaintiff as Daily wager helper and finalise the same within three months. There is no order as to costs. Decree sheet be prepared. File be consigned to the record room."

The dispute is with regard to the liability to pay the interest on the amount already paid. The learned counsel representing the petitioner contends that the suit is decreed in entirety and since the interest was also claimed, hence, the same shall be deemed to have been decreed. While passing the judgment, the Court has not granted any interest on the amount of the pensionary benefits.

The Executing Court is required to execute a decree as it exists. Hence, no ground to interfere is made out.

MOHD AYUB 2022.08.06 10:52 I attest to the accuracy and integrity of this document.

CR-1615-2019 -2Dismissed.

All the pending miscellaneous applications, if any, are also disposed of.

August 03rd, 2022 (ANIL KSHETARPAL) Ay JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No MOHD AYUB 2022.08.06 10:52 I attest to the accuracy and integrity of this document.