CWP-20 IN TH 254 Kulwant Sing Punjab Feder CORAM: Present : HARPREET 1. of the Consti or order in th withheld retir 2. petitioner reti not released. petitioner an ordered to be filed by the p revision peti 1 2097-2022 N THE HIGH COURT OF PUNJA AT CHANDIGA CWP- Date of nt Singh VERSUS Federation of Cooperative Sugar Mill HON'BLE MR. JUSTICE HA Mr. Animesh Sharma, Advocate Mr. Vikas Singh, Sr. Advocat Advocate for the respondents. **** REET SINGH BRAR, J. (Oral) The present writ petition has be Constitution of India with a prayer for in the nature of mandamus directin ld retiral dues of the petitioner along w Learned counsel for the petition ner retired from the service on 30.04.20 eased. On 19.05.2009 learned Arbitrat ner and some other officers whereby d to be recovered from them in equal s y the petitioner was allowed and he n petition was filed under Section NJAB AND HARYANA DIGARH -2097-2022 ate of Decision: November 04, 2025 .....Petitioner SUS r Mills Limited ...Responde HARPREET SINGH BRAR ocate for the petitioner. dvocate with Ms.Anamika Sheoran, has been filed under Article 226/227 er for issuance of an appropriate writ irecting the respondent to release the long with interest @ 12% per annum. petitioner inter alia contends that the 0.04.2008 and his retiral benefits were rbitrator passed the award against the hereby a sum of Rs.6,17,772.50 was qual share. On 29.11.2010, the appeal d he stands exonerated. Thereafter, a ction 69 of the Punjab Cooperative 2025 itioner pondent eoran, 6/227 writ se the num. the s were st the 0 was appeal fter, a rative PUNEET CHAWLA 2025.11.07 14:21 I attest to the accuracy and integrity of this document CWP-20 Societies Act was dismisse CWP-26610 on 17.08.202 Intra-Court A by this Cour such, petition retiral dues. 3. gratuity of t encashment w fact that the of this Court 4. parties and a that the petit present writ has upheld th such, the pet leave encash terms of judg (supra) whe benefits paya 2 2097-2022 es Act, 1961 against the order of learn smissed. Again, Gurdaspur Cooperat 6610-2016 before this Court which w 08.2023 during the pendency of the ourt Appeal bearing LPA-1912-2013 Court was also dismissed by the Di etitioner is entitled to interest on the dues. Per contra, learned Senior Coun y of the petitioner has already been ment was withheld, however, he is no at the order of the appellate authority Court by a Division Bench in LPA-19 Having heard the submissions m and after perusing the record with th e petitioner retired on 30.04.2008 an t writ petition, this Court in CWP-26 held the order passed by the Appellat he petitioner is not only entitled to encashment but also entitled to intere judgment rendered by a Full Bench wherein it was opined that disbu s payable at retirement must be done f learned Appellate Authority, which operative Sugar Mills Limited filed hich was also dismissed by this Court of the present writ petition. Further, 2013 filed against the order passed the Division Bench of this Court. As on the delayed payment in releasing r Counsel for respondent submits that y been released and only the leave e is not in a position to controvert the hority has been upheld upto the level 1912-2023. ions made by learned counsel for the ith their able assistance, it transpires and during the pendency of the 26610-2016 and LPA-1912-2023 ppellate Authority on 29.11.2010. As ed to the due amount on account of interest on the delayed payment in ench of this Court in A.S. Randhawa disbursement of pension and other done in a timely manner. Any delay which filed Court rther, assed rt. As easing ts that leave ert the level or the spires of the 2023 0. As unt of ent in awa other lay PUNEET CHAWLA 2025.11.07 14:21 I attest to the accuracy and integrity of this document CWP-20 over a period retired emplo 5. direction to t dues i.e. leav calculated fro its actual rea the needful w 6. disposed of. November P.C 3 2097-2022 period of two months, qua the said employee to claim interest on the amo In view of the above, the presen on to the respondent/competent author e. leave encashment @ 6% interest ted from the date the petitioner was ex al realization. The respondent/compe dful within 03 months of receipt of a c Pending miscellaneous applic ed of. 04, 2025 Whether speaking/reasoned. : Whether Reportable. : said disbursement would entitle the e amount due. present petition is disposed of with a authority to pay all admissible retiral terest per annum. The same shall be was exonerated i.e. on 29.11.2010 till competent authority is directed to do t of a certified copy of this order. application(s), if any, also stands (HARPREET SINGH BRAR) JUDGE Yes/No Yes/No le the with a retiral all be till to do stands RAR) PUNEET CHAWLA 2025.11.07 14:21 I attest to the accuracy and integrity of this document