Disposed

Tej Ram and Ors. v. State of Haryana and Ors.

Punjab & Haryana HC11 Sept 2013CWP/20051/2013

Case brief

AI extract

What is this about?

In a writ petition concerning salary resolutions for cooperative society employees, the Court held that while the writ petition was otherwise maintainable due to alleged natural justice violations, it was appropriate to direct the petitioners to file an appeal under the Act. The operation of the impugned order was stayed during the appeal's pendency.

What did the court decide?

The petition was disposed of; petitioners directed to file an appeal within 30 days; operation of impugned order stayed during appeal.

Tej Ram and Ors. Vs State of… — Pension and Retirement Benefits | Punjab & Haryana HC (2013)

¶1

CWP No. 20051 of 2013

¶2

[1]

¶3

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

¶4

CHANDIGARH.

¶5

CWP No. 20051 of 2013

¶6

Date of Decision: September 11, 2013

Tej Ram and others

…..Petitioners

Vs.

State of Haryana and others

¶11

…..Respondents

¶12

CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI.

¶13

-.-

¶14

Present:Mr.R.S. Malik, Sr. Advocate with Mr. Mohan Singla, Advocate for the petitioners.

¶15

-.-

¶16

M.M.S. BEDI, J. (ORAL)

¶17

Petitioners are the employees of respondent No.4 Cooperative Society having been given the benefit according to the decision of the Government granting salaries pursuant to the different resolutions passed by the Managing Committee of the Societies. Vide impugned order, Deputy Registrar, Cooperative Societies, Gurgaon in the exercise of powers of Registrar under Section 27 of the Haryana Cooperative Societies Act has rescinded the resolutions by virtue of which resolutions the wages of the Primary Agricultural Cooperative Society employees had been fixed.

¶18

Gupta Sanjay 2013.09.13 12:46 I attest to the accuracy and integrity of this document High Court Chandigarh

¶19

CWP No. 20051 of 2013

¶20

[2]

¶21

Counsel for the petitioners has submitted that the order passed is cryptic, non-speaking, violative of the orders passed by the Government besides being violative of Rules of natural justice.

¶22

When confronted with the provisions of appeal under Section 114 (1) (e) of the Haryana Cooperative Societies Act against the order of Registrar rescinding resolution, counsel for the petitioners submits that since it is a case of violation of rules of natural justice, the writ petition is maintainable. There is no controversy regarding the fact that the writ jurisdiction of this Court is not ousted when rules of natural justice are alleged to have been violated but in the interest of judicial propriety it is deemed appropriate in the present case to enable the petitioners to file an appeal under Section 114 (1) (e) against the order of Registrar rescinding the resolution in favour of the petitioners.

¶23

The writ petition is disposed of relegating the petitioners to avail the alternative remedy of appeal against the impugned order annexure P-6 dated March 6, 2013. It is ordered that in case the petitioners file an appeal within a period of 30 days before the competent authority, the same would be decided within a period of three months. The pleas raised in the present petition will be available to the petitioners in the appeal including the plea of violation of rules of natural justice. During the pendency of the appeal, the operation of order annexure P-6 effecting the wages of the petitioners will remain stayed.

¶24

Gupta Sanjay 2013.09.13 12:46 I attest to the accuracy and integrity of this document High Court Chandigarh

¶25

CWP No. 20051 of 2013

¶26

[3]

¶27

Nothing mentioned in this order will prejudice the adjudication of appeal on merits. It will be open to the Appellate Authority to pass any

¶28

order, in accordance with law.

¶29

September 11, 2013 (M.M.S.BEDI) sanjay JUDGE

¶30

Gupta Sanjay 2013.09.13 12:46 I attest to the accuracy and integrity of this document High Court Chandigarh

Tej Ram and Ors. v. State of Haryana and Ors.

Case brief

What is this about?

What did the court decide?

Tej Ram and Ors. v. State of Haryana and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Amar Singh and Anr. Vs Gurinderjit Sigh Sandhu and Anr.

Ram Chander & Anr. Vs J S Sandhu & Ors.

Sohan Lal and Ors. Vs Ashok Kumar Gupta Secty of Govt. of Pb and Ors.

Kesara Devi Mandir Vs Inder Pal Kalia and Ors.

Nanti Devi & Anr. Vs State of Haryana & Ors.

Hoshiar Singh Vs Haryana State Coop. Supply & Marketing Federation (Hafed) and Anr.