High Court of Punjab and HaryanaCRWP/7066/2020disposed of

Nazam Khan v. State Of Punjab And Others

2020-09-10Mr. Justice Harnaresh Singh Gill3 pages

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 10.09.2020 Nazam Khan ... Petitioner

Versus

State of Punjab and others ... Respondents CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:

Mr.Vishal Mehta, Advocate, ` for the petitioner.

HARNARESH SINGH GILL, J.(Oral) Case is taken up for hearing through Video Conferencing. This petition has been filed under Article 226 of the Constutiton for issuance of a writ in the nature of mandamus directing respondents No.2 to 4 to protect the life and liberty of the petitioner and his labour members at the hands of respondents No.6 to 11. Learned counsel for the petitioner contends that through etender, a contract for work of labour, cartage or transportation of the Foodgrains of Government procurement agencies, was allotted to the petitioner for Ahmedgarh Cluster as per the Punjab Foodgrains Labour Cartage Policy 2020-21. He further contends that the private respondents, who are officers bearers and members of the Punjab Pradesh Palledar Majdur Union, are advancing threats to the petitioner and his labour members and not allowing them to perform the work as per the tender

-2allotted.

Learned counsel for the petitioner contends that earlier also, partner of the petitioner had approached this Court vide CWP-6783-2016 against a similarly situated union and the said petition had been disposed of with a direction to the official respondents to look into the grievance of the petitioner and, if need be, provide them adequate security. Learned counsel for the petitioner further contends that keeping in view the situation, Inspector, Pungrain, Ahmedgarh, vide letter dated 03.09.2020 (Annexure P-6) had also requested S.H.O., Police Station City Ahmedgarh, to look into the matter as some persons were creating interruption in the working, but in spite thereof, no security has been provided for the smooth functioning of the e-tender. The petitioner has also submitted representations dated 01.09.

2020 (Annexure P-3) to respondent No.3-Senior Superintendent of Police, Sangrur, and dated 03.09.2020 (Annexure P-5) to respondent No.2-Police Commissioner, Ludhiana, for redressal of his grievance, but till date, no action has been taken thereupon. At this stage, learned counsel for the petitioner restricts his prayer to the extent that the petitioner would be satisfied, if his aforesaid representations (Annexures P-3 and P-5) are decided in a time bound manner.

Notice of motion.

On the asking of this Court, Mr. Ajay Pal Singh Gill, DAG, Punjab, accepts notice on behalf of respondents No.1 to 5. A complete set of paper-book be also supplied to the learned State counsel, during the

-3course of the day, itself, if already not done so. Keeping in view the fact that the petitioner has been allotted the contract for work of labour, cartage or transportation of the Foodgrains of Government procurement agencies, for Ahmedgarh Cluster as per the Punjab Foodgrains Labour Cartage Policy 2020-21, the present petition is disposed of with a direction to respondents No.2 and 3 to decide the representations dated 03.09.2020 (Annexure P-5) and dated 01.09.2020 (Annexure P-3), respectively, in accordance with law, within a period of one month from the date of receipt of certified copy of this order and if need be, provide him adequate security.

10.09.2020

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