Ram Kumar And Another vs State Of Haryana And Others on 9 July, 2009

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH.

                                                  C.W.P. No. 9943 of 2009
                                        DATE OF DECISION : 09.07.2009

Ram Kumar and another

                                                         .... PETITIONERS

                                  Versus

State of Haryana and others

                                                      ..... RESPONDENTS


CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL


Present:    Mr. Virender Kumar, Advocate,
            for the petitioners.

                        ***

SATISH KUMAR MITTAL , J. ( Oral )

Both the petitioners were working as T-Mate in the Haryana

State Minor Irrigation T/wells Corporation (hereinafter referred to as `the

H.S.M.I.T.C.’). Their services were dispensed with/terminated with effect

from 30.7.2002, on closure of the H.S.M.I.T.C., under Section 25-O of the

Industrial Disputes Act. Thereafter, vide orders dated 27.3.2008 (Annexure

P-1) and 4.4.2008 (Annexure P-2), both the petitioners have been paid the

terminal/retiral dues. In these orders, it has been mentioned that an amount

of Rs. 15,665/- and Rs. 12,640/- have been deducted from the retiral

benefits of petitioners No.2 and 1, respectively, on account of loan and

advance made to them. It is the case of the petitioners that they have not

taken any loan or advance from the H.S.M.I.T.C., and the aforesaid amounts
CWP No. 9943 of 2009 -2-

have been illegally deducted from their retiral benefits. It is further case of

the petitioners that in this regard, both of them have served a legal notice

dated 24.2.2009 (Annexure P-4) upon respondents No.2 and 3, but no

decision has been taken on the same and the matter is still pending with the

respondents.

In view of the above, after hearing counsel for the petitioner,

without issuing notice of motion as it will un-necessary delay the matter,

this petition is disposed of with a direction to respondent No.2 to consider

and decide the legal notice dated 24.2.2009 (Annexure P-4), after providing

an opportunity of hearing to the petitioners, in accordance with law,

expeditiously, preferably within a period of three months. In case, it is

found that no loan or advance was taken by the petitioners, then the

amounts deducted from their retiral dues shall be disbursed to them

immediately.

July 09, 2009                              ( SATISH KUMAR MITTAL )
ndj                                                 JUDGE