STATE OF PUNJAB Vs. SOHAN LAL

JUDGEMENT

(1.) By this order, we are deciding Letters Patent Appeal filed by the State of Punjab against the judgment dated 22.1.1987 of the learned Single Judge whereby he directed the Punjab State Civil Supplies Corporation Ltd. (hereinafter referred to as the respondent-Corporation) to allow the petitioners to join the duty and the writ petition filed by Kulwant Singh and others for issuance of a similar direction in their favour. The facts giving rise to the appeal and the writ petition require a brief narration for the purpose of appreciation of the real controversy. The respondent-Corporation called upon various Employment Exchanges in the State of Punjab to forward the names of eligible persons for recruitment as Accountants. After making selection, the Corporation prepared a merit list and appointed the first-twenty eight candidates against the vacant posts. However, when the selected candidates reported for duty, the officials of the respondent-Corporation declined to accept their joining reports. Having failed to persuade the authorities of the respondent-Corporation, the selected candidates instituted C.W.P. No. 6166 of 1986 and prayed for directing the respondent to allow them to join duty. The State of Punjab contested the writ petition by asserting that in exercise of its powers under Article 138 of the Memorandum and Articles of Association, the Government had ordered an enquiry and with a view to avoid administrative complications, a direction was given to the respondent-Corporation not to allow the selected candidates to join duty. After hearing the parties, M.M. Punchhi, J. (as then he was) allowed the writ petition and directed the respondent-Corporation to allow the petitioners to join the duty. When the Letters Patent Appeal filed by the State came up for hearing on 3.2.1987, the Division Bench passed the following order :-

(2.) To undertake, promote or participate in production, manufacture, storage and processing of foodgrains and other foodstuffs.

(3.) To plan, promote, set up or assist in promoting or setting up rice mills, flour mills, oil mills including vanaspati or such other undertakings which may help in the processing of foodgrains and other foodstuffs.