High Court of Punjab and HaryanaLPA/1127/2014disposed of

Principal Chief Conservator Of Forest, Punjab, Chandigarh And ANR. v. Niranjan Singh And Another

2015-12-10Mr. Justice Ajay Kumar Mittal,Mr. Justice Fateh Deep Singh2 pages

LPA No.1127 of 2014 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA No.1127 of 2014 (O&M) Date of Order: 10.12.2015 Principal Chief Conservator of Forest, Punjab, Chandigarh and another.

..Appellants

Versus

Niranjan Singh and another ..Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA HON'BLE MS. JUSTICE REKHA MITTAL

Present:

Ms. Munisha Gandhi, Addl.A.G.,Punjab Mr. N.S.Dadwal, Advocate, for respondent no.1.

RAJIVE BHALLA, J (Oral) C.M.No.2537-LPA of 2014 Prayer in this application is to condone delay of 101 days in filing the appeal.

Heard.

For reasons stated in the application and as sufficient cause has been shown, allow the application and condone delay of 101 days in filing the appeal.

LPA No.1127 of 2014 (O&M) The appellants pray that judgment dated 05.03.2014, modifying award dated 13.11.2009, by deleting the compensation and awarding reinstatement with 50% back wages, may be set aside. After hearing arguments, addressed by counsel for the State of Punjab, on 12.10.2015, the appellants were directed to seek instructions whether they are ready to reinstate the appellant with 25% back wages. NARESH KUMAR 2015.12.15 12:45 I attest to the accuracy and authenticity of this document Chandigarh

LPA No.1127 of 2014 (O&M) -2Mr. M. Sudhagar, IFS, Divisional Forest Officer, SAS Nagar (Mohali), has filed an additional affidavit, dated 10.12.2015. A relevant extract from the affidavit reads as follows:- "That the deponent agrees to reinstate the respondent no.1 as daily wage worker with payment of 25% back wages.

Counsel for respondent no.1, states that he accepts the offer made by the appellants and has no objection if the impugned order is modified to reinstatement with 25% back wages. We have heard counsel for the parties and in view of affidavit, dated 10.12.2015 and statement made by counsel for respondent no.1, dispose of the appeal by modifying order dated 05.03.2014, and award dated 13.11.2009, by directing that respondent no.1 shall be reinstated on the post he was working on the date of his termination but with 25% back wages.

The appellants shall be entitled to deduct Rs.35,000/-,paid as compensation, from the salary of respondent no.1, in reasonable installments.

(RAJIVE BHALLA) JUDGE December 10, 2015 (REKHA MITTAL) nt JUDGE NARESH KUMAR 2015.12.15 12:45 I attest to the accuracy and authenticity of this document Chandigarh