CWP-26938 IN TH 210 Surjit Singh C The Punjab S another CORAM: Present : HARPREET 1. Constitution mandamus i.e. leave enc entire period on 31.10.200 consequent o the petitioner recovery orde 1 938-2021 N THE HIGH COURT OF PUNJA AT CHANDIGA CWP Date o ingh Cheema VERSUS njab State Cooperative Supply and M HON'BLE MR. JUSTICE HA Mr. Jatinderjit Singh, Advocate Mr. K.K. Gupta, Advocate for th REET SINGH BRAR, J. (Oral) The present petition has been fil tution of India praying for issuance us for directing the respondent-Mar ve encashment and security to the petit period of delayed payment on accoun 10.2004, withheld vide order dated 08 uent of orders dated 12.05.2016 (An itioner has been exonerated by the rev ry order pending against the petitioner. NJAB AND HARYANA DIGARH CWP-26938-2021 (O&M) Date of Decision: February 23, 2026 ....Petitioner SUS and Marketing Federation Limited an ...Responden HARPREET SINGH BRAR ocate for the petitioner. e for the respondents. een filed under Article 226/227 of the suance of a writ in the nature of Markfed to release the retiral dues e petitioner along with interest on the ccount of his retirement from service ted 08.07.2009 (Annexure P-1) as in 6 (Annexure P-4) and 22.09.2016 as he revisional authority and there is no tioner. 2026 itioner ited and ondents of the re of l dues on the ervice as in 16 as is no PUNEET CHAWLA 2026.02.27 10:44 I attest to the accuracy and integrity of this document CWP-26938 2. order was pas 3. very outset, s petitioner exc of arbitration 4. though gratu and security arbitration cl the Arbitrato attained final 5. 300 days’ lea 06.12.2022 ( 2 938-2021 On the previous date of hearing as passed by this Court:- “Learned counsel for th accommodation to obtain comp the award dated 14.12.2011 wa Federation or not, as acco arbitration proceedings initiated was dismissed by the learn (Annexure P-12). List on 23.02.2026.” Pursuant thereto, learned couns , submits that all admissible retira er except an amount of Rs.87,970/-, w tration proceedings initiated against the In rebuttal, learned counsel f gratuity has been released, the amou curity have not been paid in full. It tion claim initiated by the respondent bitrator vide award dated 14.02.2011 d finality. Learned counsel for the resp ys’ leave encashment has already be 022 (Annexure P-13). He, howeve earing i.e. 19.02.2026, the following or the respondents seeks a short omplete instructions as to whether was challenged by the respondent according to the petitioner, the tiated by the respondent-Federation earned Arbitrator on 14.02.2011 counsel for the respondents, at the retiral dues have been released to the , which was withheld on account inst the petitioner. nsel for the petitioner submits that e amounts towards leave encashment full. It is further contended that the ndent-Federation stood dismissed by 2.2011 (Annexure P-12), which has e respondents further submits that dy been sanctioned vide order dated owever, candidly concedes that the owing hort ther ent- the tion 011 at the to the count s that hment at the ed by h has that dated at the PUNEET CHAWLA 2026.02.27 10:44 I attest to the accuracy and integrity of this document CWP-26938 award dated 1 has thus atta disciplinary p on the eve of 6. record with superannuatio proceeding n legally justify pressed into Rs.87,970/- arbitration cla 14.02.2011 challenged an culminated in remained no retiral dues. amount there eyes of law. 7. bounty, but superannuatio 3 938-2021 dated 14.02.2011 was never assailed b us attained finality. It is also not d inary proceedings or criminal case wa of retirement. I have heard learned counsel f with their able assistance. It is not nnuation of the petitioner, there was n ding nor any judicial proceeding aga justify the withholding of retiral dues into service by the respondents - was the pendency of arbitration tion claim stood dismissed by the learn 011 (Annexure P-12). Admittedly, ged and has thus attained finality. ated in favour of the petitioner and th ed no subsisting legal impediment fo dues. The action of the respondents t thereafter is wholly arbitrary, unjus law. It is trite law that retiral benefi , but a statutory and vested right a nnuation. The issue is no longer res i ailed before any competent forum and not disputed that no charge-sheet, ase was pending against the petitioner nsel for the parties and perused the is not in dispute that on the date of was neither any pending disciplinary against the petitioner which could l dues. The only ground sought to be dents for deducting an amount of ration proceedings. However, the said e learned Arbitrator vide award dated ittedly, the said award was never Once the arbitration proceedings and the award attained finality, there ent for withholding any part of the dents in continuing to withhold the unjustified and unsustainable in the benefits are not a matter of grace or ight accruing to an employee upon r res integra. The controversy stands m and sheet, itioner ed the ate of linary could to be nt of e said dated never dings , there of the ld the in the ace or upon stands PUNEET CHAWLA 2026.02.27 10:44 I attest to the accuracy and integrity of this document CWP-26938 squarely cov this Court in Punjab, 1998 delay in relea of two mont interest to com 8. employee, wh legitimate du 9. and security a and remains demonstrate withholding petitioner. 10. following dir 4 938-2021 ly covered by the authoritative prono in A.S. Randhawa, Superintendin 1998 (1) SCT 343, wherein it has be n release of pensionary or retiral bene months from the date they become t to compensate the retiree for such del The rationale underlying the ee, who has rendered long years of se ate dues without lawful justification. In the present case, the delay i ity amount, as well as the withholdi emains wholly unexplained. The strate any statutory provision or lding after culmination of arbitration In view of the above, the writ p ing directions:– i) The respondents are dire leave encashment, if not already sanctioned order dated 06.12.202 interest @ 6% per annum, to b pronouncement of the Full Bench of nding Engineer (Retd.) vs. State of has been unequivocally held that any l benefits beyond a reasonable period ecome due would entail payment of ch delay. g the grant of interest is that an s of service, cannot be deprived of his tion. elay in release of leave encashment thholding of Rs.87,970/-, is inordinate The respondents have failed to n or rule which authorized such itration proceedings in favour of the writ petition is disposed of with the re directed to release the amount of lready released in entirety, in terms of .12.2022 (Annexure P-13), along with , to be calculated from the date the ch of te of at any period ent of at an of his hment dinate d to such of the th the unt of rms of g with te the PUNEET CHAWLA 2026.02.27 10:44 I attest to the accuracy and integrity of this document CWP-26938 11. any case wit certified copy 12. disposed of. February 23 P.C 5 938-2021 amount became due, i.e. after e date of retirement of the petiti payment. ii) The respondents refund/release the withheld am other amount, if already recove petitioner, including security am per annum, to be calculated fro dated 14.02.2011, till its actual r The aforesaid exercise shall be u se within a period of three months d copy of this order Pending miscellaneous applicat ed of. 23, 2026 Whether speaking/reasone Whether Reportable. : after expiry of two months from the petitioner, till the date of its actual dents are further directed to eld amount of Rs.87,970/- and any ecovered from the retiral dues of the ity amount, along with interest @ 6% from the date of passing of award ctual realization. all be undertaken expeditiously and in onths from the date of receipt of a pplication(s), if any, shall also stand (HARPREET SINGH BRAR) JUDGE easoned. : Yes/No Yes/No m the actual d to d any of the @ 6% award and in t of a stand RAR) PUNEET CHAWLA 2026.02.27 10:44 I attest to the accuracy and integrity of this document