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High Court of Punjab and HaryanaCWP/8972/2017disposed of

National Institute Of Technology Teachers Association Kurukshetra Through Its President Dr v. National Institute Of Technology, Near Kurukshetra University, Kurukshetra, Thanesar, Hary

2017-12-12Mr. Justice Surinder Gupta,Mr. Justice Arun Monga2 pages

CWP-8972-2017

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-8972-2017 Date of decision : 12.12.2017 National Institute of Technology Teachers' Association, Kurukshetra ... Petitioner(s)

Versus

National Institute of Technology, Kurukshetra ... Respondent(s)

CORAM:

HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MR. JUSTICE AMIT RAWAL

Present:

Mr. B.M. Monga, Advocate for the petitioner.

Mr. A.S. Virk, Advocate for the respondent.

**** AJAY KUMAR MITTAL, J. (ORAL) The petitioner has approached this Court under Article 226 of the Constitution of India for seeking the issuance of a writ of certiorari or any other appropriate writ, direction or order, setting aside the Notification dated 15.03.2016 (Annexure P-2) implementing taxability of perquisites issued by the respondents. A further writ of mandamus has been sought for restraining the respondent from making the recoveries from the salary of the petitioner-employees for the past period and for future period in furtherance of notice dated 27.12.2016 (Annexure P-3) issued by the petitioner in view of demand raised by the revenue vide order dated 28.09.2016 (Annexure P-3) during the pendency of the present petition. 2.

Learned counsel for the petitioner submitted that he has Yogesh Sharma 2017.12.14 16:13 I attest to the accuracy and integrity of this document

CWP-8972-2017 received the verbal instructions that the Commissioner Income Tax (Appeals) has adjudicated the issue in favour of the respondent/National Institute of Technology, Kurukshetra. It was further submitted that the copy of the order has not been received by him.

3.

According to the learned counsel, the present writ petition has been rendered infructuous and the same may be disposed of as such. However, liberty be granted to the petitioner to file an application for revival of the case in case the instructions received by him are found to be incorrect.

4.

Disposed of as infructuous. However, it shall be open to the petitioner to file an application for revival of the case, in case something survives therein.

( AJAY KUMAR MITTAL ) JUDGE ( AMIT RAWAL) JUDGE 12.12.2017 Yogesh Sharma Whether speaking/reasoned Yes/ No Whether Reportable Yes/ No Yogesh Sharma 2017.12.14 16:13 I attest to the accuracy and integrity of this document