M/S Shree Shyam Enterprises And ANR v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-10085-2022 (O&M) Date of decision:- 12.05.2022 M/s Shree Shyam Enterprises and another

...Petitioner(s)

Versus

State of Haryana and others

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE RAVI SHANKER JHA, CHIEF JUSTICE HON'BLE MR. JUSTICE ARUN PALLI

Present:

Mr. S.K. Garg Narwana, Senior Advocate, with Mr. Sanjiv Kumar Aggarwal, Advocate, for the petitioners.

Mr. Deepak Balyan, Additional Advocate General, Haryana. * * * * RAVI SHANKER JHA, C.J. (ORAL) This writ petition has been filed by the petitioners being aggrieved by an order dated 29.04.2022 (Annexure P-26) passed by respondent No. 3 cancelling the contract for outsourcing of manpower services of un-skilled, semi-skilled and skilled categories dated 10.08.2021 (Annexure P-18) that was existing and being worked out by the petitioners. The contract has been terminated on the ground that the signatories to the same are helpless in view of the decision of the Government of Haryana dated 19.01.2022 (Annexure P-27), wherein it is provided that all service contracts shall stand terminated and henceforth services would be provided through Haryana Kaushal Rozgar Nigam Limited (HKRNL).

Learned senior counsel, appearing for the petitioners, submits that the contract executed in favour of the petitioners was for a period of two years i.e. from 16.08.2021 to 31.07.2023. He further submits that the respondentauthorities by misinterpreting the circular dated 19.01.2022 (Annexure P-27) have cancelled the contract by the impugned order whereas, subsequently, the Chief Executive Officer, Haryana Kaushal Rozgar Nigam Limited, Panchkula, has issued a letter/communication dated 02.05.2022 (Annexure P-28) and in terms of clause 10 thereof the existing service contracts would continue till their original term and shall not be cancelled. He further submits that the letter/communication dated 02.05.2022 clarifying the issue has been issued subsequent to the impugned order dated 29.04.

2022 and in such circumstances, the respondent-authorities are required to recall the impugned order by reconsidering the matter.

AMODH SHARMA 2022.05.13 11:56 I attest to the accuracy and integrity of this document

CWP-10085-2022 (O&M) Mr. Deepak Balyan, learned Additional Advocate General, Haryana, submits that in view of the letter/communication dated 02.05.2022, the matter would be re-considered by the administrative head of the Forest Department i.e. Additional Chief Secretary to Government of Haryana, Forests and Wildlife Department, Chandigarh and a fresh decision thereon would be taken expeditiously, preferably within a period of two weeks. In view of the aforesaid submission made by learned senior counsel for the petitioners as well as the statement of learned State counsel, the writ petition stands disposed of in terms thereof. (RAVI SHANKER JHA) CHIEF JUSTICE (ARUN PALLI) JUDGE 12.05.2022 Amodh Sharma Whether speaking/reasoned Yes/No Whether reportable Yes/No AMODH SHARMA 2022.05.13 11:56 I attest to the accuracy and integrity of this document