M/S Jagdambey Food Agro Company v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-24985-2021 (O&M) Date of decision:- 10.12.2021 M/s Jagdambey Foods Agro Company, Abohar, District Fazilka.

...Petitioner(s)

Versus

State of Punjab and others

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE RAVI SHANKER JHA, CHIEF JUSTICE HON'BLE MR. JUSTICE ARUN PALLI

Present:

Mr. Chetan Mittal, Senior Advocate, with Mr. Kunal Mulwani, Advocate, Mr. Tanveer S. Attariwala, Advocate, for the petitioner.

Ms. Deepali Puri, Additional Advocate General, Punjab. (The aforesaid presence is being recorded through video conferencing since the proceedings are being conducted in virtual Court) * * * * RAVI SHANKER JHA, C.J. (ORAL) This petition has been filed by the petitioner being aggrieved by the action of the respondent-authorities in reducing the rates of labour and cartage contract awarded to it from 01.07.2020 to 30.06.2021 which has been extended by a decision of the State Level Committee upto 31.12.2021 on the same terms and conditions.

Learned senior counsel appearing for the petitioner submits that unilateral reduction of the rates and implementing them for the entire contractual period and seeking to recover the amount already paid or due to the petitioner is arbitrary. He further submits that the petitioner has already filed a representation dated 18.11.2021 (Annexure P-9) which is pending before the respondent-authorities. It is also pointed out that the previous writ petitions i.e. CWP-23470-2021, CWP-23472-2021 and CWP-23475-2021 were disposed of vide orders dated 18.11.2021, on the statement of learned Additional Advocate General, Punjab to the effect that the Principal Secretary, Food and Civil Supplies and Consumer Affairs, Punjab would look into the grievance of the petitioners and take a decision thereon, with liberty to approach the said authority.

In the present case as well, Ms. Deepali Puri, learned Additional Advocate General, Punjab, on instructions, submits that the petitioner's representation dated 18.11.2021 (Annexure P-9) shall be considered and decided by the respondent-authorities after giving an opportunity of hearing to AMODH SHARMA 2021.12.13 14:33 I attest to the accuracy and integrity of this document

CWP-24985-2021 (O&M) it within three weeks. She further submits that neither any proceedings for recovery have been initiated by the respondent-authorities, nor are any contemplated as of now.

In view of the aforesaid statement made by learned State counsel and keeping in view the concept of parity in mind, the writ petition accordingly stands disposed of.

(RAVI SHANKER JHA) CHIEF JUSTICE (ARUN PALLI) JUDGE 10.12.2021 Amodh Whether speaking/reasoned Yes/No Whether reportable Yes/No AMODH SHARMA 2021.12.13 14:33 I attest to the accuracy and integrity of this document