Punjab-Haryana High Court
Ved Parkash Kaushik & Anr vs Haryana Dairy Development Cooperative ... on 3 July, 2014
Author: Jaswant Singh
Bench: Jaswant Singh
CWP No.14122 of 1993 #1#
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH.
CWP No.14122 of 1993
Date of Decision:-03.07.2014
Ved Parkash Kaushik & Anr.
......Petitioners.
Versus
Haryana Dairy Development Cooperative Federation Ltd. & Anr.
......Respondents.
AND
CWP No.15191 of 1993
Date of Decision:-03.07.2014
Dharambir Singh.
......Petitioner.
Versus
Haryana Dairy Development Cooperative Federation Ltd. & Anr.
......Respondents.
CORAM:- HON'BLE MR. JUSTICE JASWANT SINGH
Present:- Mr. R.K. Malik, Senior Advocate assisted by
Mr. Ramandeep Singh, Advocate for Petitioners in both cases.
Mr. Ashok S. Chaudhary, Advocate for the Respondents.
***
JASWANT SINGH, J.(ORAL)
This common order shall disposed of both the aforesaid writ petitions since they involve common questions of facts and law.
The Petitioners, Sh. Ved Parkash Kaushik and Jagdish Singh Mahajan Vinay 2014.07.07 10:53 I attest to the accuracy and integrity of this document at Chandigarh CWP No.14122 of 1993 #2# Rang have filed CWP No.14122 of 1993 whereas petitioner Dharambir Singh has filed CWP No.15191 of 1993. In both the set of petitions the challenge is to the letter dated 8.7.1993 and 7.9.1993 wherein a departmental communication has been made between the Managing Director of the Haryana Diary Development Cooperative Federation Ltd. Chandigarh/respondent no.1 and the Chief Executive Officer of Hisar & Jind Cooperative Milk Producers Union/respondent no.2 regarding non payments of gratuity and leave encashment qua un-availed earned leaves for the period of their service(of the petitioners) with the respective Milk Unions prior to their absorption in the Animal Husbandry Department, having been declared surplus by the respective Milk Unions. Thus, the prayer is for a direction for payment of gratuity, leave encashment as also retrenchment compensation.
In brief facts are that all the three petitioners were appointed as Live Stock Assistants/Supervisor in the year 1977 with the respondent no.1- Federation. Subsequently on restructuring of the Federation, a registered Cooperative Society owned by the State, various Milk Unions were established in the State of Haryana to undertake the functions of the Federation/respondent no.1 like procurement of milk, sale of ghee and other milk products as well as supply of milk. The Federation/respondent no.1 however kept the functioning of various milk unions, separately registered societies, under its financial and administrative control. All the three petitioners on such restructuring were reallocated to the respective milk unions in December 1983. However, in the year 1993, the petitioners in both the petitions were declared surplus by their respective milk unions and they were adjusted/absorbed as Live Stock Assistants vide letter dated Mahajan Vinay 2014.07.07 10:53 I attest to the accuracy and integrity of this document at Chandigarh CWP No.14122 of 1993 #3# 17.02.1993 (P-4) pursuant to a decision of the Government to adjust the surplus staff of the erstwhile milk unions subject to certain terms and conditions. On such absorption the pay of the petitioners was protected and the seniority in the Animal Husbandry Department was counted from the day of their joining the said department whereas inter se seniority between the three petitioners was as per their original seniority in the Federation/respondent no.1.
The grievance raised by the petitioners was only in respect of the payment of retrenchment compensation, gratuity and un-utilized earned leave. Upon representation by the petitioners to the Federation, the aforesaid impugned communications dated 8.7.1993 & 7.9.1993 (P-8 & P-
10) have been addressed to the Milk unions wherein it has been specifically provided that the benefits of un-utilized earned leave and periods of service towards gratuity shall be borne/paid by the milk unions concerned albeit after their superannuation from the Animal Husbandry Department.
At the time of hearing learned Counsel for the petitioners very fairly concedes that as regards retrenchment compensation in view of their absorption by the Animal Husbandry Department no surviving claim remains. He however, seeks a direction regarding proportionate payment of the past liability like gratuity and un-utilized earned leave along with interest by the parent organization/respondents in case the benefit of the same is not extended by the Animal Husbandry Department, Haryana.
Learned Counsel for the respondents in view of para 10 of the written statement filed on behalf of respondent no.2, very fairly concedes that the entitlement for the proportionate payment of gratuity, leave encashment for the service rendered with both the respondents shall be paid Mahajan Vinay 2014.07.07 10:53 I attest to the accuracy and integrity of this document at Chandigarh CWP No.14122 of 1993 #4# on retirement of the petitioners from the Animal Husbandry Department as per the prevalent policy and answering respondents are bound by their stand.
In view of the aforesaid circumstances, both the aforesaid writ petitions are liable to be disposed of with the direction that the Animal Husbandry Department shall count the periods of the previous service rendered by the petitioners in their parent department towards payment of due gratuity and leave encashment as per applicable rules and regulations. In case any proportionate amount is liable to be recovered from the respondents/parent employer, then the same shall be recovered from them in terms of the prevalent policy in view of the stand of the respondents/parent organization.
Disposed of with the aforesaid directions.
( JASWANT SINGH ) JUDGE July 03, 2014 Vinay Mahajan Vinay 2014.07.07 10:53 I attest to the accuracy and integrity of this document at Chandigarh