Punjab-Haryana High Court
Satnam Dass vs Uttar Haryana Bijli Vitran Nigam Ltd And ... on 24 October, 2024
Author: Jasgurpreet Singh Puri
Bench: Jasgurpreet Singh Puri
Neutral Citation No:=2024:PHHC:140718
CWP-21429-2021 -1-
236
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
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CWP-21429-2021
Date of Decision: 24.10.2024
Satnam Dass ..... Petitioner
Versus
Uttar Haryana Bijli Vitran Nigam Ltd. and others ..... Respondents
CORAM: HON'BLE MR. JUSTICE JASGURPREET SINGH PURI
Present: Mr. Naveen Daryal, Advocate
for the petitioner.
Ms. Sehej Sandhawalia, Advocate,
for the respondents.
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JASGURPREET SINGH PURI, J. (ORAL)
1. The present writ petition has been filed under Article 226/227
of the Constitution of India for issuance of a writ in the nature of mandamus
directing the respondents to count the daily wage and work charge service
from 01.01.1980 to 01.11.1980 and work charge service from 01.11.1980 to
27.03.1987 as per notification dated 17.06.2010 (Annexure P-3) issued by
the Government and as decided by Hon'ble Supreme Court of India in Civil
Appeal No.4903 of 2009 titled as "DHBVN & others Vs. Bachan Singh"
wherein it was held that the work charge period rendered by an employee
can be counted for the purpose of pensionary benefits along with all
consequential benefits as well as interest @18% per annum from the date of
accrual till the date of realization/accrue payment.
2. Both the learned counsels for the parties have submitted that so
far as the main prayer in the present petition for counting the daily wage
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Neutral Citation No:=2024:PHHC:140718
service and the work-charge service rendered by the petitioner for
pensionary purposes is concerned, the same has already been counted by the
respondents.
3. Learned counsel for the petitioner submitted that the only issue
which is left in the present case is with respect to respondent-Nigam
charging more than 6% p.a. interest while counting the earlier services
rendered by the petitioner wherein the petitioner was to deposit the
contribution of EPF so as to avail the aforesaid benefit and for that purpose,
they have charged interest more than 6% p.a. which they could not have
charged in view of the judgment passed by a Co-ordinate Bench of this
Court in CWP-2914-2014 titled as "Lakhmi Chand Vs. Uttar Haryana Bijli
Vitran Nigam Limited and others", decided on 02.09.2015 and only 6%
p.a. interest could have been charged.
4. Learned counsel for the respondents-Nigam has stated that the
interest charged by the Nigam on the EPF/CPF was 8% p.a.
5. This Court finds that the prayer of the learned counsel for the
petitioner is squarely covered by the aforesaid judgment of Lakhmi Chand's
case (Supra) and only 6% p.a. interest could have been charged from the
petitioner.
6. In view of the above, the present petition is disposed of with a
direction to the respondent-Nigam to refund the remaining amount of 2%
interest by calculating the same to the petitioner within a period of three
months from today.
24.10.2024 (JASGURPREET SINGH PURI)
Bhumika JUDGE
1. Whether speaking/reasoned: Yes/No
2. Whether reportable: Yes/No
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