Balvinder Singh v. Punjab State Power Corporation Limited And Others
CWP No.12907-2024 -1106 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.12907-2024(O&M) Date of Decision: 11.03.2026 Balvinder Singh ....Petitioner vs.
Punjab State Power Corporation Limited and others ....Respondents
CORAM:
HON'BLE MR. JUSTICE JAGMOHAN BANSAL
Present:
Mr. Vishal Gupta, Advocate for the petitioner Mr. Baltej Pal Singh Walia, Advocate for the respondents-PSPCL *** JAGMOHAN BANSAL, J. (ORAL) 1.
The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of order dated 23.03.2023 whereby respondent has withheld his security amount. He is further seeking direction to release security amount along with interest. 2.
On 18.08.2025, learned counsel for the respondents pointed out Clause 20 of the work order-cum-contract dated 07.06.2016 and submitted that petitioner has remedy of invoking arbitration clause. 3.
The petitioner placed on record Annexure P-30 and 31 to point out that Employees Provident Fund Organization vide letter dated 28.08.2024 (Annexure P-31) has clarified that provident fund and allied dues for the period from June' 2016 to April' 2024 stand cleared. The petitioner on the basis of aforesaid letter vide his letter dated 11.09.2024 (Annexure P30) requested the respondent to release a sum of Rs.1,29,11,037/-.
CWP No.12907-2024 -2Considering the aforesaid letters, the following order was passed on 18.11.2025:- "
During the course of arguments, it has been submitted that by virtue of order dated 15.12.2022, Annexure P-9, this Court had directed the respondents to dispose of legal notice, served by the petitioner, by passing a reasoned order within a period of three months. It has been pointed out that a speaking order dated 23.03.2023, Annexure P-13, which is impugned in the present writ petition, was passed in compliance of the aforesaid order.
Counsel for the respondents-PSPCL states that despite the fact that direction has been complied with, petitioner has filed a contempt petition (COCP-28962023), which is still pending. When confronted with this situation, counsel for the petitioner states that the contempt petition is listed before a co-ordinate Bench today and he will make an appropriate prayer for withdrawal of the same. By making a reference to letter dated 28.08.2024, Annexure P-31, which has been issued to the petitioner during the pendency of this writ petition, an assertion has been made that all the claims regarding the provident fund & allied dues of the employees have been settled. In particular, counsel for the petitioner submits that due payment has been made to the legal representatives of all the five deceased-employees, which find mention in the impugned order. It is his assertion that the respondents are acting unfairly by withholding the amount due to the petitioner.
Counsel for the respondents-PSPCL requests for short deferment to get instructions and file an affidavit in view of above assertion.
CWP No.12907-2024 -3List on 16.12.2025. To be shown in the urgent cause list."
4.
Learned counsel for the respondents submits that there are few employees who have filed petitions before this Court or other Courts seeking enhancement of compensation, thus, amount outstanding against the Corporation cannot be released.
5.
On being asked, he expressed his inability to point out any Court order or statutory provision which permits Corporation to withhold money of a contractor on the ground that one or another worker has filed petition against the contractor.
6.
In the absence of statutory provision or Court orders, the respondent has no authority to withhold admitted liability. The respondents, at the most, can ask for surety bond which petitioner during the course of hearing admitted to furnish before the respondents. 7.
In the backdrop, the petition stands disposed of with a direction to respondents to release admitted liability subject to furnishing of surety bond by petitioner. The needful shall be done within two months from today. 8.
The petitioner would be at liberty to avail remedies as permissible by law with respect to his claim qua interest. 9.
Pending Misc. application(s), if any, shall stand disposed of. (JAGMOHAN BANSAL) JUDGE 11.03.2026 paramjit Whether speaking/reasoned: Yes Whether reportable:
No