Punjab-Haryana High Court
Darshan Singh vs Pepsu Road Transport Corporation on 13 March, 2024
Neutral Citation No:=2024:PHHC:035596
117
2024:PHHC:035596
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP-5899-2024 (O&M)
Date of decision: 13.03.2024
Darshan Singh (Retd.)
....Petitioner
Versus
PEPSU Road Transport Corporation
....Respondent
CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR
Present: Mr. Vikas Chatrath, Advocate
for the petitioner.
NAMIT KUMAR J. (Oral)
1. Prayer in this writ petition filed under Articles 226/227 of
the Constitution of India, is for issuance of a writ in the nature of
mandamus, directing the respondents to release the overtime allowance
payable to the petitioner in view of the communication dated
21.08.2023 (Annexure P-1) alongwith interest @ 18% p.a. or
alternatively to decide his claim in the light of the law laid down in
C.W.P. No. 15306 of 2016, titled as "Hari Ram and others Vs. Pepsu
Road Transport Corporation, Nabha Road, Patiala" decided on
04.09.2017 (Annexure P-4) and C.W.P. No. 3704 of 2018 titled as
"Pepsu Road Transport Corporation and another vs Appellate
Authority Under the Payments of Wages Act, 1936-cum-Additional
District Judge, Sangrur and others" decided on 06.11.2019 (Annexure
P-5) and more so, in view of the judgment rendered in Satbir Singh and
others Vs. State of Haryana and others, 2002 (2) SCT 354 (DB)
wherein it has been held that similarly situated persons should be
released the due benefits by the Department of its own. Further to direct
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the respondents to consider and grant the petitioner overtime allowance
for the period before 2016 on pro-rata/average basis for which the
respondents are claiming loss of records on account of fire. Further to
issue a writ of mandamus directing the respondents to place on record
the decision wherein it was decided to convert the overtime work done
by the employees into rests rather than paying the overtime allowance,
and thereafter, to quash the same by holding it to be contrary to the
PEPSU Road Transport Corporation (Conditions of appointment and
Service Regulations), 1981 and Motor Transport Workers Act, 1961, as
referred in the petition, especially in the light of law laid down to the
effect that the instructions/decision contrary to the statutory regulations
cannot sustain, especially in view of Sant Ram Sharma vs State of
Rajasthan", 1968(1) SCR 111.
2. Learned counsel for the petitioner at the outset confines his
prayer for deciding legal notice dated 10.01.2024 (Annexure P-8). He
submits that at this stage, petitioner would be satisfied, if the said legal
notice is decided by passing a speaking order within a time bound
frame.
3. Notice of motion.
4. Mr. Ramesh Roy, Advocate for Mr. Abhilaksh Gaind, who
is present in the Court accepts notice on behalf of the respondent and
raised no objection to the innocuous prayer made by learned counsel for
the petitioner.
5. I have heard learned counsel for the parties and have gone
through the record of the case.
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6. Without expressing any opinion on the merits of the case or
the claim being made by the petitioner in the present petition, the
respondent - Managing Director, PEPSU Road Transport Corporation,
Patiala is directed to consider and decide the claim made in the legal
notice dated 10.01.2024 (Annexure P-8) in accordance with law, by
passing a speaking order within a period of 03 months from the date of
receipt of certified copy of this order. In case, the petitioner is found
entitled, his claim be released within a period of 04 weeks thereafter. In
case, the respondents are of the opinion that the claim of the petitioner
merits rejection the same be adjudicated upon by passing a speaking
order after giving an opportunity of personal hearing to the petitioner
within the time as stipulated hereinabove.
7. The petition stands disposed of.
(NAMIT KUMAR)
JUDGE
13.03.2024
yakub
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
Neutral Citation No:=2024:PHHC:035596
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