LPA No. 81 of 2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA No. 81 of 2009 (O&M) Date of Decision 09.12.2010 Joginder Pal Singh -----Appellant Versus The Financial Commissioner and others ---Respondents CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MS. JUSTICE RITU BAHRI Present: Mr. Sunil Chadha, Advocate for the appellant. Mr. Ashwani Prashar, Advocate for respondents No. 3 and 4. 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M. KUMAR, J. 1. The instant appeal under Clause X of the Letters Patent is directed against the judgment dated 17.12.2008 passed by the learned Single Judge holding that till the finalisation of arbitration proceeding pending before the Arbitrator under the Punjab Cooperative Societies Act, 1963, the amount of gratuity payable to the petitioner, (which in fact constitutes the entire retiral benefits) would not be paid. Further arrangement made by the learned Single Judge is that the whole amount be invested in a fixed deposit with the respondent-bank, who paid the monthly interest to the appellant so as to make both ends meet. The deposit has to be kept as security for any award which may subsequently be passed against the appellant. LPA No. 81 of 2009 (O&M) -2- 2. At the hearing, learned counsel for the respondents No. 3 & 4 has pointed out that after impleading the subordinate staff as party, the Arbitrator has passed award in all the cases and against the awards, appeals are pending. A copy of the award dated 11.10.2010 has been placed on record as Annexure A-1. According to learned counsel, the findings have gone against the appellant. Mr. Ashwani Prashar, has further argued by referring to various documents i.e. Annexure R-3/10 to R-3/22 that the appellant has adopted arbitrary and unwarranted procedure while releasing loans to various persons. 3. Having heard learned counsel for the parties we are of the considered view that no interference in the order passed by the learned Single Judge would be called for. The amount of retiral benefit has been deposited in the Fixed deposit and the appellant is receiving a sum of Rs. 6,029/- per month. However, the same arrangement shall continue till the disposal of the appeal. 4. It is clarified that some additional facts have been taken from C.M. Nos. 5085 and 1187 of 2010, which have been allowed and the documents were taken on record. 5. The appeal stands disposed of in the above terms. (M.M. KUMAR) JUDGE (RITU BAHRI) JUDGE December 09, 2010 Atul