Sunil And ORS v. State Of Haryana And ORS

CWP No.16611 of 2017

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.16611 of 2017 Date of decision: 09.12.2024 Sunil and others ....Petitioners

Versus

State of Haryana and others ....Respondents CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR

Present:

Mr. Manoj Chahal, Advocate for the petitioners.

Mr. Saurabh Mohunta, DAG, Haryana.

NAMIT KUMAR J. (Oral) Prayer in this writ petition filed by the petitioners under Articles 226/227 of the Constitution of India, is for issuance of a writ in the nature of certiorari, for quashing the impugned notice dated nil affixed on the work places on 09.05.2017 (Annexure P-3), vide which the services of all the workmen including the petitioners have been terminated. Further a writ of mandamus has been sought for directing the respondents to appoint and allow the petitioners to continue on Class-IV posts they were holding through previous outsourcing agency i.e. respondent No.6 through the new outsourcing agency i.e. respondent No.7 as all their counter-parts/co-workmen have been appointed/allowed to continue through the new outsourcing agency while the petitioners were denied on the pretext that they have approached to the labor-cum-conciliation officer demanding their MOHD YAKUB 2024.12.09 18:09 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh

CWP No.16611 of 2017 balance salaries and not ready to leave the same by furnishing an affidavit not to claim the same in future as well which amounts to unfair labor practice on the part of the respondents. Further prayer has been made to direct the respondents to release the salary of the petitioners for the period from 01.06.2016 till 30.09.2016 (as detailed in Annexure P-1) along with interest @ 18% on the arrears from the date of accrual till final payment.

Learned State counsel submits that the petitioners were engaged through a contractor and as per the settled law, writ against a contractor is not maintainable.

Faced with this situation, learned counsel for the petitioners wishes to withdraw the present petition with liberty to avail other legal remedies, in accordance with law.

Dismissed as withdrawn with aforesaid liberty. (NAMIT KUMAR) JUDGE 09.12.2024 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No MOHD YAKUB 2024.12.09 18:09 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh