Punjab-Haryana High Court
Haryana State Minor Irrigation vs Regional Provident Fund Commissioner on 20 April, 2011
Author: L. N. Mittal
Bench: L. N. Mittal
R. S. A. No. 1755 of 2011 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Case No. : R. S. A. No. 1755 of 2011
Date of Decision : April 20, 2011
Haryana State Minor Irrigation
(Tubewells) Corporation Ltd. .... Appellant
Vs.
Regional Provident Fund Commissioner
and others .... Respondents
CORAM : HON'BLE MR. JUSTICE L. N. MITTAL
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Present : Mr. R. D. Gupta, Advocate
for the appellant.
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L. N. MITTAL, J. (Oral) :
Heard.
Against judgment and decree of the trial court, there were two first appeals - one by defendant no.3-Regional Provident Fund Commissioner and the other by defendant no.2-Haryana State Minor Irrigation Tubewell Corporation Ltd. (HSMITC). Both the said appeals were disposed of by common judgment by the lower appellate court. Defendant no.3 - Regional Provident Fund Commissioner was aggrieved by grant of interest on the pension amount by the trial court, whereas defendant R. S. A. No. 1755 of 2011 2 no.2 - HSMITC was aggrieved regarding grant of compassionate appointment to the plaintiff. Defendant no.2 Corporation has now preferred two Regular Second Appeals i.e. R. S. A. No. 1754 of 2011 titled Haryana State Minor Irrigation (Tubewells) Corporation Ltd. vs. Ashwani Kumar and others and R. S. A. No. 1755 of 2011 titled Haryana State Minor Irrigation (Tubewells) Corporation Ltd. vs. Regional Provident Fund Commissioner and others.
In R. S. A. No. 1754 of 2011, notice of motion has been issued on the question of grant of compassionate appointment to the plaintiff. The instant appeal i.e. R. S. A. No. 1755 of 2011 has been preferred by HSMITC - defendant no.2 only because there were two first appeals. However, the Corporation is not aggrieved by decrees of the lower courts regarding grant of interest on pension amount, as stated by appellant's counsel.
In view of the aforesaid, the instant appeal is disposed of as having been rendered infructuous, without prejudice to merits of R. S. A. No. 1754 of 2011.
April 20, 2011 ( L. N. MITTAL ) monika JUDGE