PARAMJIT SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) In the present writ petition, the challenge is to the order dated 26.05.2016 (Annexure P-6) by which the General Manager, Punjab Roadways, Ferozepur directed to re-fix the pay of the petitioner by withdrawing the increments for the period when the petition remained out of service i.e. from 01.03.1987 to 02.11.2000. Further, after the withdrawal of the said increments, it was ordered that recovery should also be effected from the retiral benefits of the petitioner. In pursuance to the said order, the pay of the petitioner was re-fixed vide order dated 09.06.2016 (Annexure P7) reducing the pay of the petitioner and effecting recovery from the pensionary benefits. Orders dated 26.05.2016 (Annexure P-6) and dated 09.06.2016 (Annexure P-7) have been impugned in the present petition.

(2.) As per the averments made in the present writ petition, the petitioner was appointed as a Conductor with the Punjab Roadways on 21.07.1983. His services were terminated on 04.03.1987. The said order of terminating the services of the petitioner was challenged by him initially by filing a civil suit, which was dismissed on 26.10.1989 and thereafter the petitioner raised an industrial dispute before the Industrial Tribunal, Bathinda. By an Award dated 30.05.2000 (Annexure P-1), the Industrial Tribunal, Bathinda set-aside the order of terminating the services of the petitioner and ordered for re-instatement with continuity of service but without back wages. The relevant findings of the Labour Court, Bathinda are as under :-

(3.) In compliance with the order passed by the Labour Court, Bathinda, the petitioner was reinstated in service vide order dated 31.10.2000 (Annexure P-2) and thereafter his salary was fixed as directed by the Labour Court vide order dated 12.10.2001 (Annexure P-3). Petitioner retired from service on attaining the age of superannuation on 31.03.2016.