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High Court of Punjab and Haryana · body

2016 DAILYLAW 3673 (PNJ)

KARAM CHAND v. NARESH KUMAR AND ANOTHER

COCP/1937/2025 · 2026-05-04

Nidhi Gupta

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Judgment text

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IN T 103+225 Karam Cha Sh. Naresh Bank Ltd. a CORAM: Present:- NIDHI GU CM-9329- respondent N the aforesaid COCP-193 proceedings 29.9.2016 ( Tribunal-cu ‘Karam Ch COCP-1937-2025 (O & M) IN THE HIGH COURT OF PUNJA AT CHANDIGAR Civil Misc. No.932 COCP No.1937 of Date of decision : m Chand Versus aresh Kumar Chairman of the Fateh Ltd. and another AM:- HON'BLE MS. JUSTICE NIDH Mr. Sube Singh Kaushik, Advoc for the petitioner. None for respondent No.1. Mr. Kuldip Singh, Advocate for respondent No.2. I GUPTA J. (Oral) -CII-2026 Prayer in this application is for p ndent No.2 by way of affidavit alongwith The application is allowed subj oresaid documents are taken on record. 1937-2025 Prayer in this petition is edings against the respondent(s) for no 016 (Annexure P-1) passed by the cum-Labour Court, Hisar in Refere m Chand vs. Chief Executive Officer, 1 UNJAB AND HARYANA IGARH o.9329-CII-2026 in/and 937 of 2025 (O & M) sion :-04.05.2026 …..Petitioner Fatehabad Central Cooperative …..Respondents NIDHI GUPTA Advocate is for placing on record the reply of ngwith Annexures R-2/1 to R-2/5. d subject to all just exceptions and cord. is for initiation of contempt for not complying the order dated the Presiding Officer, Industrial Reference No.17 of 2015 titled as fficer, the Fatehabad Cooperative VIJAY ASIJA 2026.05.04 18.48 I attest to the accuracy and integrity of this document Bank Ltd.’ Courts Act, that vide o District & S Labour Cou was allowed the above sa dated 05.2.2 petitioner as COCP-1937-2025 (O & M) Ltd.’ under Sections 10 read with Sect s Act, 1971. It is inter alia submitted by lear ide order dated 29.9.2016 (Annexure ct & Sessions Judge-cum-Presiding Offi ur Court, Hisar, the Reference No.17 of llowed and it was directed as follows :- “xxx xxx xxx 18. In view of my f present petition is allo directed to be reinstated driver with the respond conditions as mentioned dated 05.2.2014 on the sa service and all other c respondent is also direct the petitioner with effec was earlier drawing and paid to him by the respon xxx xxx xxx” In response, learned counsel fo ove said direction has not been complied Learned counsel for respondent 05.2.2014 (Annexure R-2/1) delineatin oner as follows :- “In view of th Committee vide resolutio services of Sh. Karam C VPO Samain District Fat contract basis for a peri appointment whichever joining on DC rate to wo 2 h Section 2(b) of the Contempt of y learned counsel for the petitioner exure P-1) passed by the learned g Officer, Industrial Tribunal-cum- .17 of 2015 filed by the petitioner - y findings on issue No.1, the allowed and the petitioner is ted in service on the same post of ondent on the same terms and ioned in his appointment letter he same salary with continuity in er consequential benefits. The irected to pay the same salary to effect from 23.02.2015 which he and differene of salary, if any, be spondent. sel for the petitioner submits that mplied with. ndent No.2 has referred to the order neating the terms of service of the f the decision of the Admn. lution No.1 dated 03.12.2014 the m Chand s/o Sh. Bhagwan Dass t Fatehabad is hereby engaged on period of six months or regular ver is earlier from the date of work as Driver in the Bank. His VIJAY ASIJA 2026.05.04 18.48 I attest to the accuracy and integrity of this document 29.9.2016 t (Annexure respondents learned cou on contract order, petiti terms as me dated 17.4.2 May 04, 202 Vijay Asija Whether spe Whether Rep COCP-1937-2025 (O & M) term will automatically c said specify period. performance his service c without assigning any rea If the above t acceptable to him, he sh Fatehabad. He will also bank.” It is submitted that in comp 016 the petitioner was duly reinstated exure R-2/2), therefore, no contempt ndents. Heard. In view of the above noted facts d counsel for the respondents, it is clea ntract basis vide order dated 05.2.2014. , petitioner has been reinstated vide ord as mentioned in order dated 05.2.2014. 17.4.2017. Accordingly, the present con Rule stands discharged. Pending application(s), if any, sh , 2026 Asija er speaking/reasoned Yes / No er Reportable Yes / No 3 lly come to an end at the expiry of . In case of unsatisfactory ice can be terminated at any time y reason. e terms and conditions are e should report for duty in HO, also sign an agreement with the compliance of the order dated stated vide order dated 17.4.2017 ntempt is made out against the facts and the submissions made by is clear that petitioner was engaged 2014. In compliance of Writ Court de order dated 17.4.2017, on same 2014. Petitioner has withheld order nt contempt petition is dismissed. any, shall stand(s) disposed of. ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2026.05.04 18.48 I attest to the accuracy and integrity of this document