Punjab-Haryana High Court
Balbir Singh vs Pepsu Road, Transport Corp. And Ors on 4 November, 2024
Neutral Citation No:=2024:PHHC:142943
CWP-29525-2024 1
117
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP-29525-2024
Date of Decision:04.11.2024
BALBIR SINGH ......... Petitioner
Versus
PEPSU ROAD TRANSPORT CORP. AND ORS ..... Respondents
CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL
Present : Mr. Vikas Chatrath, Advocate
for the petitioner.
Mr. Rakesh Roy, Advocate
Mr. Abhilaksh Gaind, Advocate
for the respondents.
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JAGMOHAN BANSAL, J. (Oral)
1. The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of impugned Award dated 23.08.2022 (Annexure P-8) whereby Labour Court has answered the reference against him.
2. The petitioner was working with respondent as Conductor and was subjected to punishment of stoppage of two increments vide order dated 06.06.1983. There was allegation against him that he has defrauded the Corporation to the tune of Rs.33.75. The petitioner served demand notice on 16.10.2001 i.e. after the expiry of 18 years from the date of order of punishment. The matter came to be referred to Labour Court which by impugned Award dated 23.08.2022 (Annexure P-8) has answered the reference against the petitioner.
3. The petitioner was concededly subjected to punishment vide 1 of 2 ::: Downloaded on - 06-11-2024 05:26:16 ::: Neutral Citation No:=2024:PHHC:142943 CWP-29525-2024 2 order dated 06.06.1983 and he served demand notice on 16.10.2001 i.e. after the expiry of 18 years from the date of order of punishment. The Labour Court has dismissed claim of the petitioner on various grounds including ground of limitation. The Court has opined that demand notice was served after a considerable period of time and there is no explanation for delay.
4. On being confronted with judgment dated 18.10.2024 passed by this Court in CWP No.18118 of 2006 titled as 'Punjab and Sind Bank Vs. Jai Singh and others'. Mr. Vikas Chatrath, Advocate for the petitioner expressed his inability to distinguish the instant case from the findings recorded in the said judgment.
5. Dismissed.
( JAGMOHAN BANSAL )
JUDGE
04.11.2024
Ali
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
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