Dismissed

Union of India and Others v. Munni Lal and Others

Punjab & Haryana HC11 Dec 2024CWP/33135/2024

Case brief

AI extract

What is this about?

Writ petition by Union authorities against a Tribunal order in execution proceedings requiring respondent No.2 to appear in person regarding compliance with an order regularizing services. The High Court held the petition premature since the executing Tribunal alone could determine full or partial compliance, dismissed it, and directed the Tribunal to decide compliance within two months.

What the court decided

AI extract

Union of India and Others Vs Munni Lal and… — Service and Employment | Punjab & Haryana HC (2024)

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CWP�33135�2024 Date of decision:11.12.2024

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Union of India and others

...Petitioners

Versus

Munni Lal and others

...Respondents

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Present: Mr. Rohit Verma, Advocate for the petitioner.

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Mr. Rohit Seth, Advocate for the caveators

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The respondents in the instant writ petition had filed � 1. Ο.Α. ΝO.60/1129/2017 Μ.Α. ΝΟ.60/59/2019 Μ.Α. ΝΟ.60/1640/2018 Μ.Α. ΝΟ.60/318/2019 Μ.Α. ΝΟ.60/1482/2018 Μ.Α. ΝΟ.60/1478/2018 Μ.Α. ΝΟ.60/1186/2018

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Ο.Α. ΝΟ.60/1204/2017 3. Ο.Α. ΝΟ.60/28/2017 Μ.Α. ΝΟ.60/74/2019 Μ.Α. ΝΟ.60/315/2019

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Ο.Α. ΝΟ.60/581/2017 5. Ο.Α. ΝΟ.60/1205/2017 Μ.Α. ΝΟ.60/1639/2018 Μ.Α. ΝΟ.60/1185/2018

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REENA 2024.12.16 23:06 I attest to the accuracy and integrity of this document Chandigarh

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Μ.Α. ΝΟ.60/69/2019 Μ.Α. ΝΟ.60/314/2019

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1. Ο.Α. ΝΟ.60/1215/2017 Μ.Α. ΝΟ.60/1215/2018 Μ.Α. ΝΟ.60/1656/2018 Μ.Α. NO.60/321/2019 Μ.Α. ΝΟ.60/96/2019

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1. Ο.Α. ΝΟ.60/1219/2017 Μ.Α. ΝΟ.60/1475/2018 Μ.Α. ΝΟ.60/1479/2018 Μ.Α. ΝΟ.60/1655/2018 Μ.Α. ΝΟ.60/65/2019

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1. Ο.Α. ΝΟ.60/1222/2017 Μ.Α. ΝΟ.60/1638/2018 Μ.Α. ΝΟ.60/1476/2018 Μ.Α. ΝΟ.60/1480/2018 Μ.Α. ΝΟ.60/1184/2018 Μ.Α. ΝΟ.60/64/2019 Μ.Α. ΝΟ.60/317/2019

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1. Ο.Α. ΝΟ.60/1218/2017 Μ.Α. ΝΟ.60/1483/2018 Μ.Α. ΝΟ.60/1484/2018 Μ.Α. ΝΟ.60/60/2019

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1. Ο.Α. ΝΟ.60/1264/2017 Μ.Α. ΝΟ.60/1189/2018 Μ.Α. ΝΟ.60/1648/2018 Μ.Α. ΝΟ.60/75/2019 Μ.Α. ΝΟ.60/309/2019

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1. Ο.Α. ΝΟ.60/1335/2017 Μ.Α. ΝΟ.60/1635/2018 Μ.Α. ΝΟ.60/1470/2018 Μ.Α. ΝΟ.60/1188/2018 Μ.Α. ΝΟ.60/67/2019 Μ.Α. ΝΟ.60/311/2019

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1. Ο.Α. ΝΟ.60/1524/2017 Μ.Α. ΝΟ.60/1637/2018 Μ.Α. ΝΟ.60/1194/2018 Μ.Α. ΝΟ.60/1481/2018 Μ.Α. ΝΟ.60/66/2019 Μ.Α. ΝΟ.60/316/2019

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1. Ο.Α. ΝΟ.60/127/2018 Μ.Α. ΝΟ.60/1636/2018

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REENA 2024.12.16 23:06 I attest to the accuracy and integrity of this document Chandigarh

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Μ.Α. ΝΟ.60/72/2019

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Μ.Α. ΝΟ.60/310/2019

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Ο.Α. ΝΟ.60/760/2018 Μ.Α. ΝΟ.60/1647/2018 Μ.Α. ΝΟ.60/73/2019 Μ.Α. ΝΟ.60/312/2019

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Ο.Α. ΝΟ.60/821/2018 Μ.Α. ΝΟ.60/1474/2018 Μ.Α. ΝΟ.60/1187/2018 Μ.Α. ΝΟ.60/1645/2018 Μ.Α. ΝΟ.60/68/2019 Μ.Α. ΝΟ.60/313/2019

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Ο.Α. ΝΟ.60/1057/2018 Μ.Α. ΝΟ.60/158/2019

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Ο.Α. ΝΟ.60/1115/2018 Μ.Α. ΝΟ.60/159/2019

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Ο.Α. ΝΟ.60/1472/2018 OA No. 060/1129/2017

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In the applications supra, the applicants' claim relief for regularization of their service in terms of the seniority maintained by the present petitioners. All these OAs have been decided by a common verdict (Annexure P�1) passed by the Central Administrative Tribunal, Chandigarh Bench (hereinafter referred to as 'the Tribunal) .

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The relevant paragraph, as carried in the common verdict passed on the OA (supra) is paragraph 11, para whereof becomes extracted below:�

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REENA 2024.12.16 23:06 I attest to the accuracy and integrity of this document Chandigarh

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Readings of the supra extracted paragraph candidly reveal, that for considering the supra writ reliefs, the Tribunal had directed the present petitioners/respondents in the OA (supra), to constitute a committee but within a period of three weeks from the date of receipt of the common verdict passed in the connected OAs. Further, the so constituted Committee was directed to conclude the proceedings within two months thereafter. In addition, the applicants in the OAs were permitted to participate in the proceedings to be drawn up by the said Committee.

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In terms of the supra directions, the appositely constituted Committee(s) as unfolded by Annexure P�3, proceeded to accordingly in terms of the seniority of the applicants in the OA, direct theirs being regularized in service.

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There is no challenge to Annexure P�3 at the instance of the respondents in the instant petition, therebys, the speaking order as embodied Annexure P�3, acquires binding and conclusive effect. Pursuant to the rendition of a binding and conclusive speaking order, as enclosed as Annexure P�3, the present respondents, the applicants in the OA (supra), proceeded to file an execution petition. It appears that since the binding and conclusive speaking order enclosed in Annexure P�3, thus, remained uncomplied, therebys, the present respondents, applicants in the OA (supra), filed an execution petition before the learned Tribunal.

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The said application was considered and ultimately the impugned order has been passed thereons, the relevant portion whereof, occurs in paragraphs 14 and 15 thereofs, paras whereof are extracted hereinafter:

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Be that as it may, the learned Tribunal, remained unconvinced by the disclosures as were made in the affidavits sworn by the present petitioners, with revelations that complete compliance, becomes made to Annexure P�3. Resultantly, the Tribunal directed that respondent No. 2 be present in Court, in person, on the subsequent date of hearings, thus for explaining his/their conduct. REENA 2024.12.16 23:06 I attest to the accuracy andThe said direction appears to bring grievance to the present petitioners and led integrity of this document Chandigarh

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him/them to institute there against the instant writ petition before this Court.

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It is surprising that the present petitioners are intending to omit to record their appearance before the Tribunal, merely on the ground that since there was compliance rendered viz. a viz., the binding and conclusive orders passed by the Tribunal, pursuant whereto Annexure P�3 became passed, whereafters for non� execution thereof by the present petitioners thereins, the non�applicants were led to institute an execution petition. Tritely, the application of mind as made by the Tribunal in respect of fullest compliance or partial compliance becoming rendered by the present petitioners viz. a viz. Annexure P�3, thus, to the considered mind of this Court does fall within the domain of the jurisdiction of Tribunal, as the latter being the executing Court alone has the competence to decide whether full or partial compliance became rendered viz. a viz. Annexure P�3.

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Therefore, until an order becomes passed by the Tribunal, with clear discloses therein, that either there is apposite fullest compliance or there is apposite partial compliance, whereafter in case the said passed final order, brings grievance either to the present petitioners or to the respondents in the instant writ petition, thereupon, but only at the said stage, the grievance therefroms would be, thus, ventiliable before this Court and not earlier as has been done in the instant case, merely on account of a direction being passed by the Tribunal viz. a viz. respondent No. 2 , to remain present in Court, to explain the failure on his part to bring fullest compliance to the directions embodied in Annexure P�3.

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In other words, the Tribunal, merely for facilitating the makings of complete compliance to Annexure P�3, thus, became led to ask respondent No. 2 to make his personal appearance, so that, ultimately the speaking made in Annexure REENA 2024.12.16 23:06 I attest to the accuracy andP�3, becomes fully complied with, so that ultimately an order becomes passed, that integrity of this document Chandigarh

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full satisfaction is drawn viz. a viz. the directions contained in Annexure P�3 .

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In nutshell, the writ petition being pre�mature at this stage, thus, is dismissed.

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However, the learned Tribunal is directed to after ensuring completion of pleadings, including the filings of objections to the execution petition, if required, thus, within a period of two months from today make a speaking decision whether Annexure P�3, has been fully complied with or not. In case, upon passings of supra order and the same bringing grievance to any of the parties to the lis, thereupon the aggrieved from the said order passed may choose to avail appropriate remedies.

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Disposed off accordingly.

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Whether speaking/reasoned:� Yes/No

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Whether reportable: Yes/No

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REENA 2024.12.16 23:06 I attest to the accuracy and integrity of this document Chandigarh

Union of India and Others v. Munni Lal and Others

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Union of India and Others v. Munni Lal and Others

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