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2025 DAILYLAW 95102 (PNJ)

COOPERATIVE SUGAR MILL UNION SONEPAT v. HARYANA STATE FEDERATION OF COOPERATIVE SUGAR MILLS LTD AND ANR

CWP/25198/2025 · 2025-09-15

Harpreet Singh Brar

body2025

Judgment text

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CWP-25198-2025 -1- 110 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-25198-2025 (O&M) Date of decision: 15.09.2025 Cooperative Sugar Mill Union, Sonepat ... Petitioner Vs. Haryana State Federation of Co-operative Sugar Mills Ltd. and another ... Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Nischal Chetanya Manchanda, Advocate for the petitioner. ******* HARPREET SINGH BRAR, J. (ORAL) 1. Present civil writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari seeking quashing of reply to the legal notice dated 18.06.2025 (Annexure P-6), whereby work has been denied to the petitioner during off season and further to issue a writ in the nature of mandamus directing the respondents to recall the members of the petitioner-Union along with seasonal-permanent and daily wage workers for work during off season. 2. Learned counsel for the petitioner contends that the petitioner- VISHNU 2025.09.16 18:32 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh CWP-25198-2025 -2- Union represent the seasonal-permanent employees working in the engineering, manufacturing, general security, cane etc. in the respondent-Sugar Mill. The primary grievance of the petitioner-Union is for not engaging its members for work during off season. Further, for the off season, the respondents are hiring the manpower through outsource agency. The petitioner-Union served a legal notice dated 25.05.2025 (Annexure P-5) upon the respondents, which was replied vide letter dated 18.06.2025 (Annexure P- 6), whereby denying work to its members. Learned counsel for the petitioner- Union further submits that act and conduct of the respondents is contrary to the undertaking given before this Court on 19.11.2018 in CWP-18195-2016 titled as ‘Mohinder and others Vs. State of Haryana and others', (Annexure P-3) and on 26.03.2019 in CWP-6494-2018 titled as 'Jaipal and another Vs. State of Haryana and others' (Annexure P-4). 3. Notice of motion. 4. Mr. R.K. Doon, Advocate accepts notice on behalf of respondent No.1 and Mr. Sunil K. Nehra, Advocate accepts notice on behalf of respondent No.2 and files his Vakalatnama in the Court today, which is taken on record. Registry is directed to tag the same at the appropriate place of the case file. 5. Learned counsel for respondent No.2 submits that particulars of the employees, who have not been retained for off season, have not been mentioned in the present writ petition. However, there is no proposal for VISHNU 2025.09.16 18:32 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh CWP-25198-2025 -3- engaging the manpower to work during off season through outsource agency. He further submits that in terms of the aforesaid orders dated 19.11.2018 (Annexure P-3) and 26.03.2019 (Annexure P-4) passed by this Court, members of the petitioner-Union would be given work during off season as and when their services would be required. 6. In view of the above, present petition is disposed of in terms of the aforesaid undertaking given by learned counsel for respondent No.2. 7. All the pending miscellaneous application(s), if any, shall stand disposed of. [ HARPREET SINGH BRAR ] 15.09.2025 JUDGE vishnu Whether speaking/reasoned : Yes/No Whether reportable : Yes/No VISHNU 2025.09.16 18:32 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh