MANINDER KUMAR Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Mr. Manuja has filed an affidavit in Court today which is taken on record. Copy has been given to Mr. Chaudhary who has read it an is prepared to address arguments for final disposal of the matter.

(2.) This order will govern connected cases i.e. CWP No.19166 of 2015 titled Jagjit Singh v. State of Punjab and others & CWP No.19274 of 2015 titled Gurmeet Singh v. State of Punjab and others mutatis mutandis.

(3.) Heard Mr. Chaudhary and Mr. Manuja appearing for the respective parties on the legality and validity of the impugned order dated December 17, 2014 at Annex P-18 to the petition. This order has been passed in response to the legal notice served by the petitioner on the respondents on October 30, 2014 at Annex P-16. The grounds taken in the legal notice to claim relief of regularization of services w.e.f. 1993 have neither been addressed, nor dealt with nor decided in the impugned order for which reason the order cannot be sustained being non-speaking. All that the Executive Engineer, Electricity Division, Punjab, PWD, B&R Branch, Chandigarh has done is to refer to the award of the Labour Court dated September 12, 2003 vide which the petitioner was reinstated to service with continuity but instead of back wages he was awarded only Rs.10,000/- as lump sum payment. The present impugned order has been passed as though all that was required to be done was implementation of the award. It is not so. It is not the correct position on file. The order cannot be taken as one passed on grounds taken in the legal notice to claim relief which notice is not award based but is based on rights arising out of the directions in the award which reinstates the petitioner to his original position prevailing on the date when his services were terminated on June 01, 1994.