Punjab-Haryana High Court
Dfo (T), Govt Of Hry, Forest Dept., ... vs Tekka @ Tek Ram And Another on 5 September, 2024
Neutral Citation No:=2024:PHHC:116434
CWP-22006-2017 (O&M) and
Other connected matters 1
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
202+235
CWP-22006-2017 (O&M)
Date of Decision : 05.09.2024
DIVISIONAL FOREST OFFICER, KAITHAL
.... PETITIONER
V/S
TEKKA @ TEK RAM AND ANOTHER .... RESPONDENTS
2. CWP-6335-2018 (O&M)
THE GOVT. OF HARYANA AND ANOTHER
.... PETITIONERS
V/ S
BEERA RAM AND ANR .... RESPONDENTS
3. CWP-27640-2017
DIVISIONAL FOREST OFFICER, TERRITORIAL
....PETITIONER
V/S
JAI PAL AND ANOTHER
...RESPONDENTS
4. CWP-27641-2017
DIVISIONAL FOREST OFFICER, TERRITORIAL
....PETITIONER
V/S
SMT. BALA AND ANOTHER ...RESPONDENTS
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CWP-22006-2017 (O&M) and
Other connected matters 2
5. CWP-27642-2017
DIVISIONAL FOREST OFFICER, TERRITORIAL
....PETITIONER
V/S
SMT. KINDER DEVI @ BINDER DEVI AND ANOTHER
...RESPONDENTS
6. CWP-27643-2017
DIVISIONAL FOREST OFFICER, TERRITORIAL
....PETITIONER
V/S
DHARAM PAL AND ANOTHER ...RESPONDENTS
7.
CWP-27734-2017
DIVISIONAL FOREST OFFICER, TERRITORIAL
....PETITIONER
V/S
MILKHI RAM AND ANOTHER
...RESPONDENTS
8. CWP-27740-2017
DIVISIONAL FOREST OFFICER, TERRITORIAL
....PETITIONER
V/S
AJAIB SINGH @ THADI AND ANOTHER ...RESPONDENTS
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CWP-22006-2017 (O&M) and
Other connected matters 3
9. CWP-21853-2017 (O&M)
DIVISIONAL FOREST OFFICER, TERRITORIAL
....PETITIONER
V/S
JASBIR SINGH AND ANOTHER ...RESPONDENTS
10. CWP-21854-2017 (O&M)
DIVISIONAL FOREST OFFICER, TERRITORIAL
....PETITIONER
V/S
MONICA AND ANOTHER ...RESPONDENTS
11. CWP-21872-2017
DIVISIONAL FOREST OFFICER, TERRITORIAL
....PETITIONER
V/S
SULTAN SINGH AND ANOTHER ..RESPONDENTS
12. CWP-28496-2017 (O&M)
GOVT. OF HARYANA, FOREST DEPARTMENT, KAITHAL
....PETITIONER
V/S
SHAMSHER SINGH AND ANOTHER ...RESPONDENTS
13. CWP-28886-2017
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Neutral Citation No:=2024:PHHC:116434
CWP-22006-2017 (O&M) and
Other connected matters 4
DIVISIONAL FOREST OFFICER, TERRITORIAL
....PETITIONER
V/S
RAM KUMAR AND ANR ...RESPONDENTS
14. CWP-17267-2018 (O&M)
DIVISIONAL FOREST OFFICER, TERRITORIAL & ORS
....PETITIONERS
V/S
RAM CHANDER AND ANOTHER ...RESPONDENTS
15. CWP-6307-2018 (O&M)
GOVT OF HARYANA, FOREST DEPARTMENT, KAITHAL
....PETITIONER
V/S
SATPAL AND ANR ...RESPONDENTS
16. CWP-6308-2018 (O&M)
GOVT OF HARYANA, FOREST DEPARTMENT, KAITHAL
....PETITIONER
V/S
HARI KUMAR AND ANOTHER ...RESPONDENTS
17. CWP-9411-2019
DIVISIONAL FOREST OFFICER, TERRITORIAL
....PETITIONER
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Neutral Citation No:=2024:PHHC:116434
CWP-22006-2017 (O&M) and
Other connected matters 5
V/S
VED PARKASH AND ANOTHER ...RESPONDENTS
18. CWP-22036-2017
DIVISIONAL FOREST OFFICER, TERRITORIAL
....PETITIONER
V/S
SMT. INDRO DEVI AND ANOTHER ...RESPONDENTS
19. CWP-14087-2017
DIVISIONAL FOREST OFFICER, TERRITORIAL
....PETITIONER
V/S
RATTNA AND ANOTHER ...RESPONDENTS
20. CWP-12739-2019
DIVISIONAL FOREST OFFICER, TERRITORIAL
....PETITIONER
V/S
RAM PHAL AND ANR ...RESPONDENTS
21. CWP-12775-2019
DIVISIONAL FOREST OFFICER, TERRITORIAL
....PETITIONER
V/S
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CWP-22006-2017 (O&M) and
Other connected matters 6
SANDEEP AND ANR ...RESPONDENTS
22. CWP-12737-2019
DIVISIONAL FOREST OFFICER, TERRITORIAL
....PETITIONER
V/S
TARSEM SINGH AND ANOTHER ...RESPONDENTS
23. CWP-33172-2019
DIVISIONAL FOREST OFFICER, TERRITORIAL
....PETITIONER
V/S
KIRTU RAM AND ANOTHER ...RESPONDENTS
24. CWP-33185-2019
DIVISIONAL FOREST OFFICER, TERRITORIAL
....PETITIONER
V/S
PAWAN KUMAR AND ANOTHER ...RESPONDENTS
25. CWP-33229-2019
DIVISIONAL FOREST OFFICER, TERRITORIAL
....PETITIONER
V/S
RAJBIR AND ANOTHER ...RESPONDENTS
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CWP-22006-2017 (O&M) and
Other connected matters 7
26. CWP-33354-2019
DIVISIONAL FOREST OFFICER, TERRITORIAL
....PETITIONER
V/S
SANTRO DEVI AND ANOTHER ...RESPONDENTS
27. CWP-33182-2019
DIVISIONAL FOREST OFFICER, TERRITORIAL
....PETITIONER
V/S
TEK CHAND AND ANOTHER ...RESPONDENTS
28. CWP-33191-2019
DIVISIONAL FOREST OFFICER, TERRITORIAL
....PETITIONER
V/S
SHAMSHER AND ANOTHER ...RESPONDENTS
29 CWP-36866-2019
DIVISIONAL FOREST OFFICER, TERRITORIAL
....PETITIONER
V/S
PREM CHAND AND ANOTHER ...RESPONDENTS
30. CWP-1842-2020
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Neutral Citation No:=2024:PHHC:116434
CWP-22006-2017 (O&M) and
Other connected matters 8
DIVISIONAL FOREST OFFICER TERRITORIAL
....PETITIONER
V/S
SANJAY KUMAR AND ANOTHER ...RESPONDENTS
31. CWP-1855-2020
DIVISIONAL FOREST OFFICER, TERRITORIAL
....PETITIONER
V/S
SUBHASH AND ANOTHER ...RESPONDENTS
32. CWP-1857-2020
DIVISIONAL FOREST OFFICER, TERRITORIAL
....PETITIONER
V/S
PIRTHI SINGH AND ANOTHER ...RESPONDENTS
33. CWP-1858-2020
DIVISIONAL FOREST OFFICER, TERRITORIAL
....PETITIONER
V/S
VIJAY KUMAR AND ANOTHER ...RESPONDENTS
34. CWP-1859-2020
DIVISIONAL FOREST OFFICER, TERRITORIAL
....PETITIONER
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Neutral Citation No:=2024:PHHC:116434
CWP-22006-2017 (O&M) and
Other connected matters 9
V/S
RAKAM SINGH AND ANOTHER ...RESPONDENTS
35. CWP-1865-2020
DIVISIONAL FOREST OFFICER, TERRITORIAL
....PETITIONER
V/S
VIRBHAN AND ANOTHER ...RESPONDENTS
36. CWP-1868-2020
DIVISIONAL FOREST OFFICER, TERRITORIAL
....PETITIONER
V/S
KARAN SINGH AND ANOTHER ...RESPONDENTS
37. CWP-1869-2020
DIVISIONAL FOREST OFFICER, TERRITORIAL
....PETITIONER
V/S
GURPINDER SINGH AND ANOTHER ...RESPONDENTS
38. CWP-1872-2020
DIVISIONAL FOREST OFFICER, TERRITORIAL
....PETITIONER
V/S
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Neutral Citation No:=2024:PHHC:116434
CWP-22006-2017 (O&M) and
Other connected matters 10
ROSHANI DEVI AND ANOTHER ...RESPONDENTS
39. CWP-7574-2021
DIVISIONAL FOREST OFFICER TERRITORIAL
....PETITIONER
V/S
KARAM CHAND AND ANOTHER ...RESPONDENTS
40. CWP-7572-2021
DIVISIONAL FOREST OFFICER TERRITORIAL
....PETITIONER
V/S
SATYAVAN AND ANOTHER ...RESPONDENTS
41. CWP-7329-2021
DIVISIONAL FOREST OFFICER, TERRITORIAL
....PETITIONER
V/S
HANS RAJ AND ANOTHER ...RESPONDENTS
42. CWP-13124-2021
DIVISIONAL FOREST OFFICER, TERRITORIAL
....PETITIONER
V/S
GURDEV SINGH AND ANOTHER ...RESPONDENTS
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CWP-22006-2017 (O&M) and
Other connected matters 11
43. CWP-13136-2021
DIVISIONAL FOREST OFFICER, TERRITORIAL
....PETITIONER
V/S
ANIL KUMAR AND ANOTHER ...RESPONDENTS
44. CWP-13139-2021
DIVISIONAL FOREST OFFICER, TERRITORIAL
....PETITIONER
V/S
MEM PAL AND ANR ...RESPONDENTS
45. CWP-13140-2021
DIVISIONAL FOREST OFFICER, TERRITORIAL
....PETITIONER
V/S
KRISHNA DEVI ALIAS KIRAN AND ANR ...RESPONDENTS
46. CWP-13142-2021
DIVISIONAL FOREST OFFICER, TERRITORIAL
....PETITIONER
V/S
PREM KUMAR AND ANOTHER ...RESPONDENTS
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CWP-22006-2017 (O&M) and
Other connected matters 12
47. CWP-13144-2021
DIVISIONAL FOREST OFFICER, TERRITORIAL
....PETITIONER
V/S
VASHU DEV AND ANOTHER ...RESPONDENTS
48. CWP-13145-2021
DIVISIONAL FOREST OFFICER, TERRITORIAL
....PETITIONER
V/S
RAM MEHAR AND ANR ...RESPONDENTS
49. CWP-13146-2021
DIVISIONAL FOREST OFFICER, TERRITORIAL
....PETITIONER
V/S
SUKHWINDER SINGH AND ANOTHER ...RESPONDENTS
50 CWP-13147-2021
DIVISIONAL FOREST OFFICER, TERRITORIAL
....PETITIONER
V/S
SHAMSHER SINGH AND ANOTHER ...RESPONDENTS
51. CWP-13148-2021
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CWP-22006-2017 (O&M) and
Other connected matters 13
DIVISIONAL FOREST OFFICER, TERRITORIAL
....PETITIONER
V/S
TARA CHAND AND ANOTHER ...RESPONDENTS
52. CWP-13150-2021
DIVISIONAL FOREST OFFICER, TERRITORIAL
....PETITIONER
V/S
KARAMVIR SINGH AND ANOTHER ...RESPONDENTS
53. CWP-13154-2021
DIVISIONAL FOREST OFFICER, TERRITORIAL
....PETITIONER
V/S
PARVEEN KUMAR AND ANOTHER ...RESPONDENTS
54. CWP-13163-2021
DIVISIONAL FOREST OFFICER, TERRITORIAL
....PETITIONER
V/S
RAM NIWAS AND ANR ...RESPONDENTS
55. CWP-13610-2021
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CWP-22006-2017 (O&M) and
Other connected matters 14
DIVISIONAL FOREST OFFICER, TERRITORIAL
....PETITIONER
V/S
MAHAVIR AND ANOTHER ...RESPONDENTS
56. CWP-13138-2021
DIVISIONAL FOREST OFFICER, TERRITORIAL
....PETITIONER
V/S
AMRIK SINGH AND ANOTHER ...RESPONDENTS
57. CWP-12729-2021
DIVISIONAL FOREST OFFICER, TERRITORIAL
....PETITIONER
V/S
AZMER AND ANOTHER ...RESPONDENTS
58. CWP-13603-2021
DIVISIONAL FOREST OFFICER, TERRITORIAL
....PETITIONER
V/S
NANHA RAM AND ANR ...RESPONDENTS
59. CWP-13611-2021
DIVISIONAL FOREST OFFICER, TERRITORIAL
....PETITIONER
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Neutral Citation No:=2024:PHHC:116434
CWP-22006-2017 (O&M) and
Other connected matters 15
V/S
JAI BHAGWAN AND ANR ...RESPONDENTS
60. CWP-14684-2021
DIVISIONAL FOREST OFFICER, TERRITORIAL
....PETITIONER
V/S
SHISH PAL AND ANR ...RESPONDENTS
61. CWP-14685-2021
DIVISIONAL FOREST OFFICER, TERRITORIAL
....PETITIONER
V/S
BHIM SINGH AND ANR ...RESPONDENTS
62. CWP-24863-2021
DIVISIONAL FOREST OFFICER, TERRITORIAL
....PETITIONER
V/S
PARKASHA @ OM PARKASH AND ANOTHER
...RESPONDENTS
63. CWP-3321-2022
DIVISIONAL FOREST OFFICER, TERRITORIAL
....PETITIONER
V/S
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CWP-22006-2017 (O&M) and
Other connected matters 16
RESHMA AND ANOTHER ...RESPONDENTS
64. CWP-3330-2022
DIVISIONAL FOREST OFFICER, TERRITORIAL
...PETITIONER
V/S
MAHINDER SINGH AND ANOTHER ...RESPONDENTS
65.
CWP-3332-2022
DIVISIONAL FOREST OFFICER, TERRITORIAL
...PETITIONER
V/S
PARAMJIT KAUR AND ANOTHER ...RESPONDENTS
66. CWP-3333-2022
DIVISIONAL FOREST OFFICER, TERRITORIAL
....PETITIONER
V/S
MOHINDER AND ANR ...RESPONDENTS
67. CWP-3351-2022
DIVISIONAL FOREST OFFICER, TERRITORIAL
....PETITIONER
V/S
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CWP-22006-2017 (O&M) and
Other connected matters 17
SANJAY AND ANR ...RESPONDENTS
68. CWP-3351-2022
DIVISIONAL FOREST OFFICER, TERRITORIAL
....PETITIONER
V/S
CHANDI RAM AND ANR ...RESPONDENTS
69. CWP-3394-2022
DIVISIONAL FOREST OFFICER, TERRITORIAL
....PETITIONER
V/S
SUBHASH AND ANOTHER ...RESPONDENTS
70. CWP-3295-2022
DIVISIONAL FOREST OFFICER, TERRITORIAL
....PETITIONER
V/S
SATBIR AND ANR ...RESPONDENTS
71. CWP-24940-2021
DIVISIONAL FOREST OFFICER, TERRITORIAL
....PETITIONER
V/S
ZILE SINGH AND ANOTHER ...RESPONDENTS
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CWP-22006-2017 (O&M) and
Other connected matters 18
72. CWP-24970-2021
DIVISIONAL FOREST OFFICER, TERRITORIAL
....PETITIONER
V/S
MANOJ KUMAR AND ANR ...RESPONDENTS
73. CWP-24971-2021
DIVISIONAL FOREST OFFICER, TERRITORIAL ....PETITIONER
V/S
ROSHAN LAL AND ANOTHER ...RESPONDENTS
74. CWP-24972-2021
DIVISIONAL FOREST OFFICER, TERRITORIAL
....PETITIONER
V/S
RAJU PARSHAD AND ANR ...RESPONDENTS
75. CWP-24974-2021
DIVISIONAL FOREST OFFICER, TERRITORIAL
....PETITIONER
V/S
RAJ KUMAR AND ANR ...RESPONDENTS
76. CWP-24975-2021
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CWP-22006-2017 (O&M) and
Other connected matters 19
DIVISIONAL FOREST OFFICER, TERRITORIAL
....PETITIONER
V/S
RAMA SHANKAR AND ANR ...RESPONDENTS
77. CWP-24978-2021
DIVISIONAL FOREST OFFICER, TERRITORIAL
....PETITIONER
V/S
NAZIR SINGH AND ANR ...RESPONDENTS
78. CWP-24982-2021
DIVISIONAL FOREST OFFICER, TERRITORIAL
....PETITIONER
V/S
GIAN SINGH AND ANOTHER ...RESPONDENTS
79. CWP-24993-2021
DIVISIONAL FOREST OFFICER, TERRITORIAL
....PETITIONER
V/S
SANDEEP AND ANOTHER ...RESPONDENTS
80. CWP-25218-2021
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CWP-22006-2017 (O&M) and
Other connected matters 20
DIVISIONAL FOREST OFFICER, TERRITORIAL
....PETITIONER
V/S
TEJ PAL AND ANOTHER ...RESPONDENTS
81 CWP-3406-2022
DIVISIONAL FOREST OFFICER, TERRITORIAL
....PETITIONER
V/S
ROHTASH KUMAR AND ANOTHER ...RESPONDENTS
82. CWP-18999-2023
THE GOVT. OF HARYANA, FOREST DEPARTMENT
....PETITIONER
V/S
BABU RAM DECEASED THROUGH HIS LRS AND ANOTHER
...RESPONDENTS
83. CWP-8351-2024
RATTANA ....PETITIONER
V/S
STATE OF HARYANA AND OTHERS ...RESPONDENTS
84. CWP-4530-2020
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CWP-22006-2017 (O&M) and
Other connected matters 21
DIVISIONAL FOREST OFFICER, TERRITORIAL
....PETITIONER
V/S
BALWANT AND ANOTHER ...RESPONDENTS
85. CWP-26215-2014
DIVISIONAL FOREST OFFICER, KAITHAL & ANR
....PETITIONERS
V/S
HAWA SINGH & ORS ...RESPONDENTS
86. CWP-10588-2018 (O&M)
THE GOVT. OF HARYANA, FOREST DEPARTMENT
....PETITIONER
V/S
DHARAM PAL AND ANOTHER ...RESPONDENTS
87. CWP-4355-2019
GOVT. OF HARYANA, FOREST DEPARTMENT
....PETITIONER
V/S
TARSEM AND ANR. ...RESPONDENTS
88. CWP-4402-2019
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CWP-22006-2017 (O&M) and
Other connected matters 22
GOVT. OF HARYANA, FOREST DEPARTMENT. ....PETITIONER
V/S
RAMESHWAR AND ANR. ...RESPONDENTS
89. CWP-4325-2020
DIVISIONAL FOREST OFFICER, TERRITORIAL
....PETITIONER
V/S
JOGINDER AND ANOTHER ...RESPONDENTS
90 CWP-4595-2020
DIVISIONAL FOREST OFFICER, TERRITORIAL
....PETITIONER
V/S
KARNAIL SINGH AND ANOTHER ...RESPONDENTS
91. CWP-13305-2021
DIVISIONAL FOREST OFFICER, TERRITORIAL
.... PETITIONER
V/S
JAGDEEP SINGH AND ANR .... RESPONDENTS
92. CWP-13306-2021
DIVISIONAL FOREST OFFICER, TERRITORIAL
.... PETITIONER
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CWP-22006-2017 (O&M) and
Other connected matters 23
V/S
JAGDEV AND ANR .... RESPONDENTS
93. CWP-13307-2021
DIVISIONAL FOREST OFFICER, TERRITORIAL
.... PETITIONER
V/S
CHANDI RAM AND ANOTHER .... RESPONDENTS
94. CWP-13308-2021
DIVISIONAL FOREST OFFICER, TERRITORIAL
.... PETITIONER
V/S
RAM PHAL AND ANR .... RESPONDENTS
95. CWP-13309-2021
DIVISIONAL FOREST OFFICER, TERRITORIAL
.... PETITIONER
V/S
RESHMA DEVI AND ANR .... RESPONDENTS
96. CWP-13310-2021
DIVISIONAL FOREST OFFICER, TERRITORIAL
.... PETITIONER
V/S
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CWP-22006-2017 (O&M) and
Other connected matters 24
NARESH KUMAR AND ANR .... RESPONDENTS
97. CWP-13311-2021
DIVISIONAL FOREST OFFICER, TERRITORIAL
.... PETITIONER
V/S
SUBHASH AND ANR .... RESPONDENTS
98. CWP-13313-2021
DIVISIONAL FOREST OFFICER, TERRITORIAL
.... PETITIONER
V/S
RAMESHO DEVI AND ANR .... RESPONDENTS
99. CWP-13323-2021
DIVISIONAL FOREST OFFICER, TERRITORIAL
.... PETITIONER
V/S
BALKAR SINGH AND ANOTHER .... RESPONDENTS
100. CWP-13414-2021
DIVISIONAL FOREST OFFICER, TERRITORIAL
.... PETITIONER
V/S
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CWP-22006-2017 (O&M) and
Other connected matters 25
PARAMJEET SINGH AND ANR .... RESPONDENTS
101. CWP-13444-2021
DIVISIONAL FOREST OFFICER, TERRITORIAL
.... PETITIONER
V/S
JAILO ALIAS JAILLA AND ANR .... RESPONDENTS
102. CWP-13458-2021
DIVISIONAL FOREST OFFICER, TERRITORIAL
.... PETITIONER
V/S
PHOOLWATI AND ANR .... RESPONDENTS
CORAM : HON'BLE MR. JUSTICE JAGMOHAN BANSAL
Present : Mr. Raman Sharma, Addl.A.G., Haryana and
Ms. Harsh Rekha Kapoor, AAG, Haryana
for the petitioner.
Mr. Naresh Kumar Chhokar, Advocate and
Mr. Ram Bhati, Advocate
for the respondent in CWP-26215-2014.
Mr. D.S.Bajwa, Advocate and
Mr. Rahul Singh, Advocate
for the respondent in CWP-24974-2021.
Mr. Rahul Jain, Advocate (through VC)
for the respondent in CWP-14087-2017.
Mr.A.P.Bhandari, Advocate
for the respondent in CWP-14087-2017, CWP-27640- 2017,
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CWP-22006-2017 (O&M) and
Other connected matters 26
CWP-8351-2024, CWP-33229-2019, CWP-4530-2020.
Mr. Pardeep Sehrawat, Advocate for
Mr. Vivek Goyal, Advocate
for respondent No.1 in CWP-28496-2017.
Mr. Harish Bhardwaj, Advocate
for the respondents in CWP-12737-2019, CWP-7574 &
CWP-13146 of 2021.
Mr. Deepak Sonak, Advocate
for respondent No.1 in CWP-13306-2021, CWP-13307-
2021, CWP-1869-2020, CWP- 4595-2020, CWP-12775-
2019, CWP-13142-2021.
Mr. Chander Pal Tiwana, Advocate
for the respondent in CWP-13458-2021 and
CWP- 13154-2021.
Mr. Ravinder Malik (Ravi), Advocate
for respondent No.1 in CWP-24993-2021,
CWP- 24971-2021, CWP-4325-2020, CWP-13310-2021
Mr. Yagsimant Attri, Advocate
for respondent No.1 in CWP-12739-2019, CWP-12737-
2019, CWP-14685-2021, CWP-7329-2021, CWP-13147-
2021, CWP-13150-2021, CWP-27643-2017, CWP-4402-
2019, CWP-4355-2019, CWP-4325-2024, CWP-24982-
2021.
Mr. Ajay Chaudhary, Advocate,
Mr. S.B. Kaushik, Advocate,
Mr. Aryavart, Advocate &
Mr. Jai Shree Kaushik, Advocate
For respondent No. 1 in CWP-7574-2021, CWP-7572-2021,
CWP-7329-2021, CWP-13139-2021, CWP-13147-2021,
CWP-13163-2021, CWP-14685-2021, CWP-24863-2021,
CWP-3321-2022, CWP-3394-2022, CWP-3295-2022, CWP-
24971-2021, CWP-10588-2018, CWP-4325-2020, CWP-
6335-2018, CWP-27640-2017, CWP-27642-2017, CWP-
27643-2017, CWP-27734-2017, CWP-27740-2017, CWP-
21853-2017, CWP-28496-2017, CWP-28886-2017, CWP-
6307-2018, CWP-6308-2018, CWP-9411-2019, CWP-
22036-2017, CWP-14087-2017, CWP-33185-2019, CWP-
33229-2019, CWP-12077-2018, CWP-33191-2019, CWP-
36866-2019, CWP-1855-2020, CWP-1858-2020, CWP-
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Neutral Citation No:=2024:PHHC:116434
CWP-22006-2017 (O&M) and
Other connected matters 27
1868-2020.
Mr. Sachin Gupta Ladwa, Advocate and
Mr. Himanshu Bansal, Advocate
for the respondent in CWP-6335-2018, CWP-22006-2017,
CWP-28496-2017, CWP-6308-2018, CWP-14087-2017,
CWP-12739-2019, CWP-33172-2019, CWP-33185-2019,
CWP-33229-2019, CWP-33354-2019, CWP-33182-2019,
CWP-33191-2019, CWP-1865-2020, CWP-1868-2020,
CWP-7572-2021, CWP-13139-2021, CWP-13140-2021,
CWP-13145-2021, CWP-13147-2021, CWP-13150-2021,
CWP-13610-2021, CWP-13603-2021, CWP-14684-2021,
CWP-3321-2022, CWP-3332-2022, CWP-3351-2022, CWP-
24970-2021, CWP-24972-2021, CWP-24975-2021, CWP-
24978-2021, CWP-10588-2018, CWP-4402-2019, CWP-
13307-2021, CWP-13308-2021, CWP-13309-2021, CWP-
13313-2021, CWP-13323-2021, CWP-13414-2021.
****
JAGMOHAN BANSAL, J. (Oral)
1. By this common order, the above-mentioned petitions are
disposed of as issues involved and prayer sought in all the petitions are
common. For the sake of convenience and with the consent of parties, the
facts are borrowed from CWP-22006-2017.
2. The petitioner through instant petition under Articles
226/227 of the Constitution of India is seeking setting aside of award
dated 29.09.2016 (Annexure P/7) whereby Labour Court has answered
reference in favour of the workmen.
3. The petitioner is Forest Department of State of Haryana and
respondent No.1 is a workman. The workman from June' 1989 to
September' 2014 worked with various forest guards and range officers.
He was paid wages at DC rate. The petitioner discontinued to avail
service of workman from September' 2014. The action of management
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CWP-22006-2017 (O&M) and
compelled the workman to approach Labour Court. It was not one
workman who was discontinued whereas a number of workmen were
discontinued. A number of matters came to be referred to Labour Court
by way of reference in terms of Section 10 of Industrial Disputes Act,
1947 (for short 'ID Act').
4. The Labour Court framed the following issues for its
consideration :
"1. Whether the termination of the services of
workman is liable to be set-aside being wrong, illegal,
null and void etc. and the workman is entitled to
reinstatement in service with full back wages and all
the benefits including the continuity of service? OPW
2. Whether there is no relationship of employer
and employee between the workman and respondent
no. 2? OPM-2
3. Whether the claim statement is not maintainable
in the present form? OPM
4. Relief"
5. The management as well as workmen led their evidence.
The management was primarily contending that there is no employer
employee relation because workmen were engaged through contractor. It
was further pleaded that the workman had not completed 240 days during
the preceding 12 months, thus, they were not entitled to protection
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CWP-22006-2017 (O&M) and
extended by Section 25B read with 25F of ID Act. The management as
its last limb of arguments pleaded that no workman was working for
more than 06 months in a particular year because it was a seasonal work,
thus, in view of provisions of Section 2 (oo) (bb) of ID Act, they were not
entitled to protection of Section 25F.
6. The management in support of its arguments could not
produce documents proving that workers had not completed 240 days
during the preceding year or they were engaged through contractor or
they were engaged for a part of the year.
7. Considering the pleadings and arguments of both sides, the
Labour Court came to a conclusion that engagement of contractor was a
camouflage and mere eye wash on the part of management. There was
no compliance of provisions of Contract Labour (Regulation and
Abolition) Act, 1970. The Court also concluded that workers have
continuously worked with management, thus, they are entitled to
protection guaranteed by Section 25B and 25F of ID Act.
8. With the aforesaid findings, the Labour Court ordered to
reinstate the workmen with 50% back wages.
9. In this bunch of petitions, there are stray cases where there is
order of interest or costs apart from back wages.
10. Learned counsel for workmen submits that workmen are
working with management since 2017. They were re-engaged by
management after passing the impugned awards. They are regularly
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CWP-22006-2017 (O&M) and
getting wages, thus, the question left for adjudication by this Court is
quantum of back wages.
11. Mr. Raman Sharma, Addl.A.G., Haryana, concedes that
except very few, the respondents are working with petitioner. They have
been re-engaged and continuously working since 2017. He submits that
Labour Court has wrongly awarded 50% back wages and this Court
should modify said relief because management has honourably
re-engaged workmen and is regularly paying wages. The petitioner is a
department of State Government. Question whether petitioner falls within
definition of 'industry' is pending before a 9 Judge Bench of Supreme
Court.
12. I have heard the arguments of counsel for the parties and
perused the record.
13. The conceded position emerging from record is that the
workmen worked with management from 1989 to 2014. There are few
workers who had worked even for a larger period than the said period,
thus, it can be safely concluded that most of the workers have worked,
prior to their retrenchment, for more than 20 years with the petitioner.
They were not working anywhere else. They were retrenched without
complying with provisions of Section 25B and 25F of ID Act. Neither
they were issued charge-sheet nor any enquiry was conducted prior to
their retrenchment.
14. This Court vide judgment dated 29.05.2015 has decided a
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CWP-22006-2017 (O&M) and
bunch of petitions filed by the petitioner itself. The issue involved in
those petitions was identical to issue involved in the present case. The
petitioner herein is trying to plead that workers were engaged through
contractor, thus, there was no master-servant relation between the
petitioner and the respondents. The management could not prove before
Labour Court that workers were engaged through contractor. This Court
cannot consider any new evidence. In any case, concededly the workers
have worked for more than two decades with management, thus, it would
be unfair and unjustified to deny them protection of Section 25B and 25F
of ID Act especially when management is government itself. The
petitioner being government is a model employer and is expected not to
exploit its citizen. It cannot adopt unfair labour practices. As per entry
No.10 of 5th Schedule of ID Act, if a workman is engaged on casual or
temporary basis with intent to deny him benefits available to a permanent
employee, it amounts to unfair labour practice. The petitioner had
engaged workers for more than two decades and even today, they are
working with petitioner but they are engaged sometimes through
contractor, sometimes as casual and sometimes as temporary. The act of
petitioner falls within definition of unfair labour practices.
15. The petitioner has accepted judgment dated 29.05.2015
passed in CWP No.7018 of 2015, thus, it cannot take stand contrary to
aforesaid judgement. As per principles of uniformity, consistency and
binding precedent, this Court is bound to follow aforesaid judgment.
Furthermore, the petitioner has re-engaged workmen, thus, dispute of
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CWP-22006-2017 (O&M) and
reinstatement does not survive. The question remains of back wages. The
petitioner is claiming that 50% back wages are on higher side especially
when workers had not worked with management and they were working
for a part of the year.
16. On being confronted with aforesaid prayer of the petitioner,
learned counsels for the respondents submit that they leave it to Court to
decide the quantum of back wages.
17. Considering the fact that workmen have already been re-
engaged, they are working since their re-engagement and they had not
worked during the period from retrenchment to reinstatement, this Court
finds it appropriate to reduce the amount of back wages from 50% to
30%. The said amount shall be paid within three months from today and
it would not carry interest.
18. There are a few workers who are not re-engaged. The
petitioner claims that they have not been re-engaged because of filing of
false affidavits, however, the said fact is disputed by counsel for
respondents. The petitioner shall re-consider claim of those workers who
have not been re-engaged. They would be paid back wages @ 30% from
the date of retrenchment to date of award.
19. It is made clear that if petitioner has already released back
wages, no recovery in terms of this order shall be effected. If back wages
are not paid within three months from today, the petitioner shall be liable
to pay interest @ 9% from the expiry of aforesaid period of three months.
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CWP-22006-2017 (O&M) and
20. Disposed of in above terms.
21. Pending miscellaneous application(s), if any, shall also stand
disposed of.
(JAGMOHAN BANSAL)
JUDGE
05.09.2024
anju
Whether speaking/reasoned : Yes/No
Whether Reportable : Yes/No
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