Davinder Singh v. State Of Punjab And Others

CWP 25757/2014

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision:08/07/2016.

Davinder Singh ............Petitioner vs State of Punjab and others .............Respondents CORAM:- HON'BLE MR.JUSTICE JASWANT SINGH Present:- Mr.RS Bajaj,Advocate and Mr.Pranav Handa,Advocates for the petitioner. Mr.Vaibhav Sharma,DAG Punjab for respondent no.1. Mr.DS Patwalia,Senior Advocate assisted by Mr.Kanan Malik,Advocate for respondents 2 to 4. Jaswant Singh,J(Oral) Petitioner was appointed as Electrician on 25.2.1988 on adhoc basis in the Doaba Cooperative Milk Producers Federation Limited, a registered Society engaged in dispensation of milk and milk products. Petitioner was subsequently appointed on regular basis as Junior Mechanic Electrical w.e.f. 5.1.1990. He was granted the benefit of adhoc service towards increments long time back.

It transpires that employer realising that such benefit could not be granted in the light of definition of employee under Rule 2(f) of the Cooperative Milk Producers Union Employees Service (Non-Common Cadre)Rules,1996, straightway proceeded to refix his pay in the light of Audit Report and effected recovery. Hence the present writ petition.

At the time of hearing learned counsel for the respondents very RAJINDER PRASHAD JOSHI 2016.07.12 12:06 I attest to the accuracy and integrity of this document fairly concedes that employer has refixed petitioner's pay w.e.f. 1.1.1990

CWP 25757/2014 and on subsequent pay revisions and effected recovery without following the principle of natural justice as neither any show cause notice was issued nor was petitioner afforded opportunity to explain. In view of the settled principle of law that no action can be taken visiting any employee with civil consequences without following principle of natural justice, the impugned action is thus unsustainable.

In view of the above, present writ petition is allowed and impugned order dated 15.11.2014(P-4) is quashed. However, the respondents would be at liberty to take appropriate action in accordance with law.

08.07.2016 (Jaswant Singh) joshi Judge RAJINDER PRASHAD JOSHI 2016.07.12 12:06 I attest to the accuracy and integrity of this document