Hy.State Coop.Supply vs Lila Dhar & Ors
2024 Latest Caselaw 4811 P&H

Punjab-Haryana High Court

Hy.State Coop.Supply vs Lila Dhar & Ors on 4 March, 2024

2024:PHHC:030645
214

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

CWP-18633-1997
DECIDED ON: 04.03.2024

HY. STATE COOP.SUPPLY --~-- a... PETITIONER
VERSUS

LILADHAR&ORS. sae RESPONDENTS

CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH.

Present: Mr. Praveen Chander Goyal, Additional A.G. Haryana.

SANJAY VASHISTH, J (ORAL)

1. Haryana State Cooperative Supply and Marketing Federation

Limited (petitioner herein) has prayed for quashing of the order dated

03.03.1994 (Annexure P-6) passed by the prescribed authority and order

dated 09.09.1997 (Annexure P-7) passed by the Appellate Authority under

the Payment of Wages Act, 1936, whereby deduction of amount of

Rs.15,500/- made from the salary of the respondent -- workman i.e. Lila

Dhar, Field Inspector, has been invalidated.

2. On examining the record of writ petition, this Court notices that

order was never stayed by this Court and it is under big doubt that whether

any substantial cause still survives or not with the petitioner, which

probably, might have been over with the efflux of time.

3. On the said aspect, Mr. Praveen Chander Goyal, Additional

A.G. Haryana, is also unable to assist the Court and submits that in fact, he

has not received any instructions from the Department.

authenticity of this order/judgment

4. In view of the aforementioned circumstances and undisputed fact that long period of more than 30 years have elapsed after passing of the order dated 03.03.1994 by the prescribed authority and there is no order passed by this Court in the present writ petition, averse to the interest of the

workman i.e. respondent No.1 -- Lila Dhar.

5. Prima facie it appears that no cause survives with the petitioner as on day.

6. Accordingly, present writ petition stands dismissed for non- prosecution.

7. However, liberty is granted to the petitioner to move an

appropriate application for seeking revival of the present writ petition, within eight weeks from today, in case, any substantive issue still exists along with a cause of action to the petitioner.

8. Registry is directed to forward copy of the today's order at the

address of the petitioner mentioned in the writ petition.

(SANJAY VASHISTH) 04.03.2024 JUDGE

Lavisha

Whether speaking/reasoned __ Yes/No Whether reportable Yes/No

authenticity of this order/judgment Punjab & Haryana High Court,