Gursher Singh And ORS v. State Of Punjab And Others

CWP-15351-2020

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-15351-2020 Date of Decision : 08.03.2022 Gursher Singh and others

...Petitioners

Versus

State of Punjab and others

...Respondents

CORAM : HON'BLE MR. JUSTICE RAJBIR SEHRAWAT

Present:

Mr. B.S. Sidhu, Advocate for the petitioners.

Mr. Pawan Sharda, DAG, Punjab.

Mr. Sunish Bindlish, Advocate for respondent No.3.

(In virtual Court) **** RAJBIR SEHRAWAT, J (ORAL) 1.

This is a petition filed under Article 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for setting aside the office order dated 09.05.2020 (Annexure P-2), passed by the respondent No.2, whereby, minimum wages of the petitioners revised vide order dated 01.05.2020 (Annexure P-1), have been withdrawn. 

             2.

The counsel for the respondents submits that the impugned office order at Annexure P-2, already stands withdrawn by the respondents and the office order dated 01.05.2020, at Annexure P-1, has been revived. Hence, the petition has been rendered infructuous. 3.

However, the counsel for the petitioners has submitted that on account of revival of the order dated 01.05.2020, at Annexure P-1, the petitioners are entitled to the arrears arising therefrom along with interest. MANPREET SINGH 2022.03.14 16:12 I attest to the accuracy of this order.

CWP-15351-2020  Hence, the respondent No.3 deserves to be directed to pay the same to the petitioners.

4.

In view of the above, the present petition is disposed of as having been rendered infructuous qua the claim of revival of the notification/order at Annexure P-1. However, the respondent No.3 is directed to consider the claim of the petitioners qua the arrears arising from the revival of the order dated 01.05.2020, at Annexure P-1 and take a conscious decision thereon. Let the claim of the petitioner be considered within a period of three months from the date of receipt of certified copy of this order.

5.

It is further ordered that if the petitioners are found entitled to any pecuniary benefits upon such a conscious decision then, said pecuniary benefits shall also be released to the petitioners within a further period of three months from the date of such conscious decision of the authorities. (RAJBIR SEHRAWAT) JUDGE March 08, 2022 Manpreet Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No MANPREET SINGH 2022.03.14 16:12 I attest to the accuracy of this order.