Nachhatar Singh v. Housefed

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH -.- CWP-17619 of 2020 (O&M) DATE OF DECISION: 27.10.2020 Nachhatar Singh .... Petitioner.

Vs.

HOUSEFED .....Respondent CORAM:- HON'BLE MRS. JUSTICE ALKA SARIN

Present:

Mr. Varun Baanth, Advocate, for the petitioner. Mr. Naginder Singh Vashist, Advocate, for the respondent.

ALKA SARIN, J (Oral) Heard through Video Conferencing.

Learned counsel for the petitioner has contended that the petitioner had approached this Court by way of filing CWP No.7894 of 2019 'Nachhatar Singh Vs. HOUSEFED' which was disposed off by this Court vide order dated 25.03.2019 wherein it was directed that legal notice dated 17.12.2018 be decided by the respondent by passing a speaking order. Learned counsel for the petitioner would further contend that vide Annexure P-7, dated 31.07.2020, 50% of the retiral benefits of the petitioner have been retained on the ground that there are several arbitration cases pending qua certain embezzlement cases and the amount would be released after the decision of the said arbitration cases. Learned counsel has further contended that the petitioner is not an accused in those cases and hence withholding of 50% of his retiral benefits is uncalled for and illegal.

TRIPTI SAINI 2020.10.28 12:36 I attest to the accuracy and integrity of this document

CWP-17619 of 2020 (O&M) -2Mr. Naginder Singh Vashist, Advocate, appearing on behalf of the respondent, has stated that in the audit report the responsibility of the petitioner was also to be fixed and therefore 50% of the retiral benefits have been withheld and the same, as per Annexure P-7, can only be released once the arbitration cases of Faridkot 'B'/Rural, Kotkapura 'B'/'R' Societies are decided. He has further pointed out that in the said order it has specifically been stated that the said matters are to be expeditiously disposed off.

In view of the above, learned counsel for the petitioner states that he would be satisfied if at this stage the present writ petition is disposed off with a direction that the arbitration cases be expeditiously disposed off in view of the fact that during the present difficult times of pandemic his entire family is only dependent on the retiral benefits of the petitioner. He further states that no prejudice would be caused to the respondent if such a direction is given by the Court. In view of the above, the present writ petition is disposed off with a direction that the arbitration cases be decided expeditiously preferably within a period of six months from the date of receipt of certified copy of this order.

Disposed off.

October 27, 2020 (ALKA SARIN) tripti JUDGE NOTE:

Whether speaking/non-speaking: Yes/No Whether reportable: Yes/No TRIPTI SAINI 2020.10.28 12:36 I attest to the accuracy and integrity of this document