Rattan Lal Rattan Lal v. Jagjit Singh, Chief Engineer Jagjit Singh, Chief Engineer
Case Details
COCP-410 410-2025 (O&M) [1] 236 IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CHANDIGARH COCP No. COCP No. 410-2025 (O&M) Date of Decision:28.01.2025 Date of Decision: Rattan Lal Rattan Lal ...Petitioner VERSUS Jagjit Singh, Chief Engineer Jagjit Singh, Chief Engineer …..Respondent
Legal Reasoning
Court in a Division Bench of this Court in . The relevant part thereof is extracted LPA No.2218 of 2024. The relevant part thereof is extracted . The relevant part thereof is extracted LPA No.2218 of 2024 hereunder:- hereunder: “Issue notice to respondent No.2 returnable by “Issue notice to respondent No.2 returnable by “Issue notice to respondent No.2 returnable by 23.10.2024. Dasti as well. In the meantime, the impugned Award dated In the meantime, the impugned Award dated In the meantime, the impugned Award dated 28.03.2011 passed by respondent No.1 shall remain 28.03.2011 passed by respondent No.1 shall remain 28.03.2011 passed by respondent No.1 shall remain stayed subject to the applicant employer complying subject to the applicant-employer complying B of the Industrial Disputes Act, with Section 17-B of the Industrial Disputes Act, B of the Industrial Disputes Act, 1947.” 2. Learned counsel for the petitioner submits that despite Learned counsel for the petitioner submits that despite Learned counsel for the petitioner submits that despite B of the Industrial the aforesaid order, the benefit of Section 17-B of the Industrial the aforesaid order, the benefit of Section 17 the aforesaid order, the benefit of Section 17 SANJAY GUPTA 2025.01.29 10:12 I attest to the accuracy and authenticity of this document COCP-410 410-2025 (O&M) [2] rt ‘the 1947 Act’) has not been released in Disputes Act, 1947 (for short ‘the 1947 Act’) has not been released in rt ‘the 1947 Act’) has not been released in Disputes Act, 1947 (for sho favour of the petitioner. favour of the petitioner. 3. On the other hand, learned counsel for the respondent On the other hand, learned counsel for the respondent On the other hand, learned counsel for the respondent submits submits submits submits that that that that the petitioner has already attained the petitioner has already attained the petitioner has already attained the petitioner has already attained the age of the age of the age of the age of superannuation and was around 70 years of age and thus, the benefit superannuation and was around 70 years of age and thus, the benefit superannuation and was around 70 years of age and thus, the benefit superannuation and was around 70 years of age and thus, the benefit B of the 1947 Act is not applicable to him. under Section 17-B of the 1947 Act is not applicable to him. under Section 17 4. I have heard learned counsel for the parties and gone I have heard learned counsel for the parties and gone I have heard learned counsel for the parties and gone through the paper-book. through the paper 5. Considering the fact that the petitioner has already Considering the fact that the petitioner has already Considering the fact that the petitioner has already B of crossed the age of superannuation, the benefit under Section 17-B of crossed the age of superannuation, the benefit under Sec crossed the age of superannuation, the benefit under Sec the 1947 Act are not payable to him. Reference in this regard can be the 1947 Act are not payable to him. Reference in this regard can be the 1947 Act are not payable to him. Reference in this regard can be the 1947 Act are not payable to him. Reference in this regard can be made to the judgment dated 28.02.2023 passed by a Division Bench made to the judgment dated 28.02.2023 passed by a Division Bench made to the judgment dated 28.02.2023 passed by a Division Bench made to the judgment dated 28.02.2023 passed by a Division Bench of High Court of Gujarat at Ahmedabad in LPA No. 128 of 2023 titled of High Court of Gujarat at Ahmedabad in LPA No. 128 of 2023 titled of High Court of Gujarat at Ahmedabad in LPA No. 128 of 2023 titled of High Court of Gujarat at Ahmedabad in LPA No. 128 of 2023 titled lectronics Limited, as Harsha Chandrakant Trivedi Vs. Mirc E Harsha Chandrakant Trivedi Vs. Mirc Electronics Limited Harsha Chandrakant Trivedi Vs. Mirc E wherein in para 7.8, it was held as under:- wherein in para 7.8, it was held as under: wherein in para 7.8, it was held as under: It is held that the view of Essar Project Ltd. “7.8. It is held that the view of Essar Project Ltd. It is held that the view of Essar Project Ltd. (Supra) lays down correct proposition of law that (Supra) lays down correct proposition of law that (Supra) lays down correct proposition of law that benefit under Section 17B of the Act would not benefit under Section 17B of the Act would not benefit under Section 17B of the Act would not after be applicable to the workman or employee after be applicable to the workman or employee his or her his or her his or her retirement even retirement even retirement even though though though the the the proceedings may be pending.” proceedings may be pending.” 6. compliance, if any, cannot In view of the above, the non-compliance, if any, cannot In view of the above, the non be said to be intentional or willful, thus no ground is made out to issue be said to be intentional or willful, thus no ground is made out to issue be said to be intentional or willful, thus no ground is made out to issue be said to be intentional or willful, thus no ground is made out to issue and the same is any directions in the present contempt petition and the same is any directions in the present contempt petition any directions in the present contempt petition hereby dismissed. hereby dismissed. 7. y, shall also Pending miscellaneous application(s), if any, shall also Pending miscellaneous application(s), if an
Arguments
HARKESH MANUJA CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA CORAM: HON'BLE MR. JUSTICE Mr. Dipanshu Kapur, Advocate for Present : Mr. Dipanshu Kapur, Advocate for Present : Mr. S.S. Rana, Advocate for the petitioner. Mr. S.S. Rana, Advocate for the petitioner. Mr. Pranav Chadha, Advocate for the respondent. Mr. Pranav Chadha, Advocate for the respondent. **** HARKESH MANUJA, J. (ORAL) HARKESH MANUJA, By way of present petition filed under Section 12 of the By way of present petition filed under Section 12 of the By way of present petition filed under Section 12 of the Contempt of Courts Act, 197,1 proceedings are sought to be initiated Contempt of Courts Act, 197,1 proceedings are sought to be initiated Contempt of Courts Act, 197,1 proceedings are sought to be initiated Contempt of Courts Act, 197,1 proceedings are sought to be initiated compliance against the respondents on account of alleged willful non-compliance against the respondents on account of alleged willful non against the respondents on account of alleged willful non of order dated 12.09.2024 passed by a Division Bench of of order dated
Decision
stand disposed of. stand disposed of .01.2025 28.01.2025 sanjay ( HARKESH MANUJA) JUDGE Whether speaking/reasoned ? Whether speaking/reasoned ? Whether Reportable ? Yes/No Yes/No SANJAY GUPTA 2025.01.29 10:12 I attest to the accuracy and authenticity of this document