Surinder Pal v. State Of Punjab And Another

CWP 11176/2020

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP 11176/2020 Date of decision:15.10.2020 Surinder Pal ..............Petitioner v.

State of Punjab and another ..............Respondents Coram:

Hon'ble Mr.Justice Jaswant Singh Hon'ble Mr.Justice Sant Parkash Present:- Mr. Nitin Kaushal,Advocate for the petitioner. Ms.Lavanya Paul, AAG Punjab for respondents.

Jaswant Singh,J.

[The aforesaid presence is being recorded through video conferencing since the proceedings are being conducted in virtual Court] Petitioner claims to have been working as a Labour and Cartage Contractor for the Mallanwala Cluster for the years 2018-19 and 2019-20. In the present petition challenge is to clause 5(G) of Punjab Food Grains Labour and Cartage Policy 2020-21 (for short the Policy) which allegedly imposes unreasonable, illogical and baseless restrictions in the form of extremely high minimum turnover requirements as also restricting/ discarding the labour component of previously earned experience of labour and cartage while assessing the turnover. Prayer is thus, inter alia, to quash said clause 5(G) of the Policy.

Vide order dated 5.8.2020 this Court had issued notice of RAJINDER PARSHAD JOSHI 2020.10.16 10:34 I attest to the accuracy and integrity of this document

CWP 11176/2020 motion restricting the challenge to the reasonableness or otherwise of excluding the turnover qua labour contract in terms of said clause while considering eligibility for the grant of contracts for cartage and labour or labour alone.

Short reply by way of affidavit of Ms.Anindita Mitra,IAS, Director, Department of Food Civil Supplies and Consumer Affairs, Punjab has been filed on behalf of respondents 1 and 2 contesting the claim of the petitioner.

At the time of resumed hearing today, learned counsel, on instructions seeks simpliciter withdrawal of the writ petition. Dismissed as withdrawn.

(Jaswant Singh) Judge 15.10.2020.

(Sant Parkash) joshi Judge Whether Speaking/reasoned Yes/No Whether Reportable Yes/No RAJINDER PARSHAD JOSHI 2020.10.16 10:34 I attest to the accuracy and integrity of this document