Balvir Singh Sidhu And Others v. The Registrar Cooperative Societies Punjab And Others

CWP No.9988 of 2024 (O&M) 2024:PHHC:060303

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.9988 of 2024 (O&M) Date of decision: 02.05.2024 Balvir Singh Sidhu and others ....Petitioners

Versus

The Registrar, Cooperative Societies, Punjab and others ....Respondents CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR

Present:

Mr. Gurbachan Singh Bhatia, Advocate for the petitioners.

NAMIT KUMAR J. (Oral) 1.

Prayer in this writ petition filed by the petitioners under Articles 226/227 of the Constitution of India, is for issuance of a writ in the nature of mandamus, directing the respondents to release the balance amount of gratuity as per 2018 amendment of Gratuity Act, along with interest @ 10% on the delayed payment. Further prayer has been made to direct the respondents to decide the legal notice dated 26.02.2024 (Annexure P-7).

2.

Learned counsel for the petitioners has referred to the letter dated 13.03.2024 (Annexure P-8), issued by Registrar, Cooperative Societies, Punjab, Chandigarh, to the Managing Director, Punjab State Cooperative Bank Limited, Chandigarh, regarding payment of gratuity as per 6th Pay Commission to the retired employees as per The Payment of Gratuity Act, 1972 (2018 Amendment).

3.

Learned counsel for the petitioners confines his prayer for deciding legal notice dated 26.02.2024 (Annexure P-7). He further MOHD YAKUB 2024.05.02 17:44 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh

CWP No.9988 of 2024 (O&M) 2024:PHHC:060303 submits that petitioners would be satisfied, at this stage if the said legal notice is decided by passing a speaking order within a time bound frame.

4.

Notice of motion.

5.

Mr. Rajesh Sehgal, Addl. A.G., Punjab, accepts notice on behalf of respondent No.1, and has no objection to the innocuous prayer made by learned counsel for the petitioners.

6.

I have heard learned counsel for the parties and have gone through the record of the case.

7.

Keeping in view the limited prayer addressed at the time of arguments, facts and circumstances of the case but without expressing any opinion on the merits of the controversy, this writ petition is disposed of with a direction to respondent No.3, to expeditiously decide legal notice dated 26.02.2024 (Annexure P-7), submitted by the petitioners by passing a speaking order, preferably within a period of 03 months from receipt of certified copy of this order. Necessary payment, if any, found due to the petitioners shall be released expeditiously preferably within a period of 04 weeks thereafter. (NAMIT KUMAR) JUDGE 02.05.2024 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No MOHD YAKUB 2024.05.02 17:44 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh