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High Court of Punjab and HaryanaCRWP/3024/2022disposed of

M/S Jagdambay Food Agro Company v. State Of Punjab And Others

2022-04-04Mr. Justice Harnaresh Singh Gill3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision: 04.04.2022 M/S JAGDAMBAY FOOD AGRO COMPANY

...Petitioner

Versus

STATE OF PUNJAB AND OTHERS .....Respondents 

    





      

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       The present petition has been filed under Article 226 of the Constitution for issuance writ in the nature of mandamus directing the official respondents to protect the life and liberty of the petitioner and its workers, at the hands of the private respondents. Learned counsel for the petitioner submits that the petitioner is a registered firm, which has been allotted the work of labour and cartage for the year 2022-23, vide letter dated 28.03.2022 (Annexure P1); that the work allotted to the petitioner is being hampered by the members of the Punjab Pradesh Palledar Mazdoor Union i.e. respondent Nos.5 to 11 and that the members of the said Union, armed with lethal weapons, are stationed outside the godowns where the labour and cartage work is taking place and are threatening the labour contractor and the labour of dire consequences.

Learned counsel for the petitioner refers to Clause 15 of the Punjab Foodgrains Labour and Cartage Policy 2020-21, which reads as under:

-215.Grievance Redressal: In order to ensure smooth transportation of food grains and redressal of grievance the following redressal mechanism shall be followed in each district:- A. The Deputy Commissioner concerned will appoint Assistant Commissioner (Grievance) as Grievance Officer to tackle on priority all such complaints from various tenderes which have the potential to create serious law and order situation during procurement season.

B. The Department of Home Affairs, Government of Punjab, will ensure to appoint a senior officer not below the rank of Superintendent of Police, in each district, to take action on complaints involving law and order situation and to provide adequate police arrangements where ever required.

Learned counsel for the petitioner further submits that despite submission of representation dated 29.03.2022 (Annexure P-2) to the concerned authorities, no action has been taken, till date. Learned counsel for the petitioner submits that, at this stage, the petitioner would be satisfied if a direction is issued to the official respondents to look into the matter and decide the aforesaid representation, within a stipulated time.

Notice of motion.

On the asking of the Court, Mr. Ajay Pal Singh Gill, DAG Punjab accepts notice on behalf of the State and submits that he has no objection to the aforesaid prayer of the learned counsel for the petitioner.

-3I have heard learned counsel for the parties. In view of the limited prayer sought for and without going into the merits of the case, the present petition is disposed of with a direction to respondent No.2-Senior Superintendent of Police, Malerkotla, Punjab, to consider the representation dated 29.03.2022 (Annexure P-2) moved by the petitioner and take necessary action, in accordance with law, at the earliest.

   

  04.04.2022