Punjab-Haryana High Court
Punjab State Warehousing Corporation ... vs Labh Kaur And Ors on 17 September, 2015
Author: Satish Kumar Mittal
Bench: Satish Kumar Mittal
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
LPA No. 1378 of 2015 ( O&M )
DATE OF DECISION : 18.09.2015
Punjab State Warehousing Corporation, Chandigarh
.... APPELLANT
Versus
Labh Kaur and others
.... RESPONDENTS
CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE MAHAVIR S. CHAUHAN Present : Ms. Ishant Pannu, Advocate, for Mr. Vikas Singh, Advocate, for the appellant. SATISH KUMAR MITTAL, J. ( Oral ) Punjab State Warehousing Corporation, Chandigarh has filed this appeal under Clause X of the Letters Patent against the interim order dated 26.08.2015 passed by the learned Single Judge in Civil Writ Petition No. 10032 of 2012 filed by Labh Kaur and others (respondents No.1 to 12 herein).
The interim order dated 26.08.2015 reads as under :-
"Learned State counsel submitted that State has taken a decision to release ` 6 crores per month to the Punjab State Warehousing Corporation. Such a decision was taken on 11.8.2015. The State is directed to release ` 6 crores per month w.e.f. 1.10.2015. The amount received by the Warehousing Corporation shall be released to the petitioners in partial. Such payment should be made after receipt of the money from the State within 15 days thereafter.DASS NAROTAM 2015.09.21 14:28 I attest to the accuracy and authenticity of this document LPA No. 1378 of 2015 ( O&M ) -2-
List this matter on 7.10.2015.
At this stage, it is learnt that State has released ` 6 crore for the month of August, 2015 to the Punjab State Warehousing Corporation. When things stood thus, the third respondent has failed to make submission in receipt of ` 6 crore. Thus, the third respondent-Warehousing Corporation is directed to release 25% of the dues to the petitioners within a week from today failing which the Warehousing Corporation is liable to pay cost of ` 10,000/- to each of the petitioners. The Managing Director of Punjab State Warehousing Corporation is present today in the Court. He has taken note of the aforesaid order. He should take necessary action to see that the amount is paid to each of the petitioners. The presence of Managing Director is dispensed with on the next date of hearing. Copy of this order is made available to the Senior Standing counsel for third respondent-Warehousing Corporation immediately.
A photocopy of this order be placed on the files of other connected cases."
After hearing learned counsel for the appellant, we do not find any ground to interfere with the aforesaid orders passed by the learned Single Judge. Vide order dated 26.08.2015, on a statement made by learned State counsel that the State has decided to release ` 6 crores per month to the appellant Corporation, the appellant Corporation was directed to release 25% of the dues to the petitioners in the writ petition (respondents No.1 to 12 herein) within a week from the date of the order, after receiving the amount from the State.
As far as the appellant Corporation is concerned, it has been DASS NAROTAM 2015.09.21 14:28 I attest to the accuracy and authenticity of this document LPA No. 1378 of 2015 ( O&M ) -3- directed to make payment only in case it receives the grant from the State. Therefore, the obligation on the appellant Corporation to make the payment arises only if it gets the amount from the State. We are of the opinion that the appellant Corporation has no grouse. However, any payment made by the appellant Corporation shall be subject to the final outcome of the writ petition.
As a one time measure, we extend the time to make payment in terms of the impugned order for one week from today.
Appeal is, thus, disposed of in the aforesaid terms.
( SATISH KUMAR MITTAL )
JUDGE
September 18, 2015 ( MAHAVIR S. CHAUHAN )
ndj JUDGE
DASS NAROTAM
2015.09.21 14:28
I attest to the accuracy and
authenticity of this document