Punjab-Haryana High Court
Jaswant Singh vs P.R.T.C., Patiala on 18 April, 2024
Neutral Citation No. : 2024:PHHC:052232
CWP-19140-2016 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
213-2
CWP-19140-2016
Decided on : 18.04.2024
Jaswant Singh
. . . Petitioner(s)
Versus
PEPSU Road Transport Corporation, Patiala
. . . Respondent(s)
CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH
PRESENT: Mr. Vikas Chatrath, Advocate,
Ms. Tanya Sehgal, Advocate,
Mr. BPS Thakur, Advocate and
Mr. Akshat Kalia, Advocate
for the petitioner(s).
Mr. Aman Sharma, Advocate
for the respondent(s).
****
SANJAY VASHISTH, J. (Oral)
1. Petitioner - Jaswant Singh, who served as 'driver' with the
respondent - PEPSU Road Transport Corporation (in short, 'Corporation'),
has filed the present writ petition, for seeking direction to the respondent -
Corporation to release his pension and pensionary benefits, along with
interest @ 18% p.a., on the delayed payment of pensionary benefits w.e.f.
the date he attained superannuation i.e. 30.04.2005.
2. Learned counsel for the petitioner - workman submits that the
learned Labour Court, Patiala, vide award dated 01.06.2005 (Annexure P-1),
in Reference No.146/1998, had ordered for his reinstatement with continuity
of service and therefore, his entire service period is to be counted for the
purpose of calculations pension and other benefits.
3. Further submits that the calculation of the service period made
JAWALA RAM by the respondent - Corporation, is incorrect, because the service period of
Neutral Citation No. : 2024:PHHC:052232
09 years, 09 months and 01 day, has been excluded for taking the decision
qua the entitlement of the petitioner to pension and other benefits.
3. To buttress his arguments, learned counsel for the petitioner -
workman, refers to the judgment dated 27.11.2018, passed in CWP
No.24543 of 2016, titled as, "Gurdial Singh and others vs. PEPSU Road
Transport Corporation and others", by the Coordinate Bench of this
Court, wherein, following observations have been made by the Coordinate
Bench of this Court:-
" In view of the above, the present writ petition is allowed.
The respondents are directed to take into consideration the full
period for which the petitioners have worked with them as a
qualifying service. Further, the respondents shall calculate the
amount of CPF which each petitioners have to deposit for the
period, when the same was not deducted alongwith interest.
The said calculation shall be brought to the notice of the
petitioners within a period of three months from the date of
receipt of certified copy of this order. All the petitioners shall
deposit the said amount as asked by the respondents within a
further period of one month.
On the deposit of the amount of CPF by the petitioners,
the respondents shall calculate and re-fix the pensionary
benefits of all the petitioners within a period of two months
thereafter and release the difference of the amount for which
each petitioner is entitled for.
Present writ petition is allowed in the above terms."
JAWALA RAM 3. Learned counsel for the petitioner - workman also refers to the
Neutral Citation No. : 2024:PHHC:052232
judgment dated 09.04.2024, passed in CWP No.7938 of 2018, titled as,
"Naranjan Singh vs. Pepsu Road Transport Corporation, Nabha Road,
Patiala", by the Coordinate Bench of this Court, and submits that once the
employee has been reinstated in service, complete service period is to be
counted for the purpose of examining the entitlement of the pensionary
benefits.
4. Thus, based upon the aforementioned submissions, learned
counsel for the petitioner - workman submits that in case, his claim for
releasing of pension and other pensionary benefits, is accepted by the
respondent - Corporation, in some time bound manner, petitioner -
workman is ready to forego his claim towards the interest part, for which, he
otherwise, is entitled on account of the delayed payment.
5. Upon this, learned counsel for the respondent - Corporation,
submits that let an exhaustive representation be filed by the petitioner -
workman in this regard, and on doing so, same would be decided at the
earliest.
6. In view of above, petitioner - workman is directed to submit his
exhaustive representation, as argued and pleaded herein, with the respondent
- Corporation, within a period of four weeks from today. On doing so, said
representation would be decided by the respondent - Corporation within a
period of next three months, by passing a speaking order therein.
Besides above, in case, claim of the petitioner - workman is
accepted, the same would be extended to him within a period of next two
months thereafter.
7. By taking into consideration the submissions recorded herein-
above, the present writ petition is disposed of.
Neutral Citation No. : 2024:PHHC:052232
Needless to say that in case the petitioner - workman is found
entitled for the relief as sought through present writ petition, he would
submit his undertaking to forego his claim towards the interest part, as stated
before this Court.
(SANJAY VASHISTH)
JUDGE
April 18, 2024
J.Ram
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
