Pushpa v. State Of Punjab And ORS

In the High Court of Punjab and Haryana, at Chandigarh Civil Writ Petition No. 10936 of 2018 Date of Decision: 06.08.2018 Pushpa ... Petitioner(s)

Versus

State of Punjab and Others ... Respondent(s) CORAM: Hon'ble Mr. Justice Shekher Dhawan.

Present:

Mr. Sarabjit Singh Khaira, Advocate for the petitioner(s).

Shekher Dhawan, J.

Present writ petition is challenge to the impugned award dated 16.07.2010 (Annexure P2), passed by the learned Presiding Officer, Industrial Tribunal, Gurdaspur (hereinafter referred to as "learned Tribunal"), whereby application under Section 33C(2) of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act"), filed by the petitioner, was declined.

As per petitioner, she was appointed as part time Sweeper in the office of Municipal Community, Dinanagar at the wages of Rs.50/- per month. However, other employees, who were also working as such, were getting Rs.1,250/- per month and the persons, who were working in the village, were being paid Rs.1,000/- per month. Vide letter dated 07.04.2003 (Annexure P1), the salary of the sweepers working in head office at Gurdaspur and its branches was ordered to be increased. The petitioner Deepak Kumar Bhardwaj 2018.08.07 16:55 I attest to the accuracy and integrity of this document made repeated requests to the respondents to increase her salary as per letter

Civil Writ Petition No. 10936 of 2018 dated 07.04.2003. Thereafter, petitioner filed an application under Section 33C(2) of the Act before the learned Industrial Tribunal, Gurdaspur, but the same was declined vide impugned order dated 16.07.2010 (Annexure P2). The petitioner has challenged the impugned order in this Court after lapse of more than eight years. She has failed to give any valid explanation for such a long delay in approaching this Court. In view of the law laid down by Hon'ble the Apex Court on the point of delay and latches, in Nedungadi Bank Ltd. Vs. K.P. Madhavankutty and Others AIR 2000 SC 839, present petition stands dismissed. (Shekher Dhawan) Judge August 06, 2018 "DK"

Whether speaking/reasoned :Yes/No Whether reportable : Yes/No Deepak Kumar Bhardwaj 2018.08.07 16:55 I attest to the accuracy and integrity of this document