C.W.P. No.15574 of 2009 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.15574 of 2009 Date of Decision.16.03.2010 Amarjit ........Petitioner Versus State of Punjab through Secretary, Local Government, Punjab, Chandigarh and others ....Respondents Present: Mr. Dharminder Singh, Advocate for the petitioner. Mr. Anil Kumar Sharma, Addl. A.G., Punjab for respondent No.1 and 2. Mr. Arvind Mittal, Advocate for respondent Nos.3 and 4. CORAM:HON'BLE MR. JUSTICE K. KANNAN 1. Whether Reporters of local papers may be allowed to see the judgment ? No 2. To be referred to the Reporters or not ? No 3. Whether the judgment should be reported in the Digest? No -.- K. KANNAN J.(ORAL) 1. The petitioner's grievance in the writ petition is that in the matter of computation of gratuity and retiral benefits, the petitioner was not afforded the benefit of the period when he had been wrongfully dismissed from service, which was challenged before a Labour Court and the respondents had been reinstated the petitioner with continuity of service, when the Labour Court had passed an award and a publication was made in the Gazette. 2. The issue relating to the counting of the period when the petitioner had been kept out of service by a wrong order of C.W.P. No.15574 of 2009 -2- termination has come up for consideration before this Court in Harjinder Singh Vs. State of Punjab 2003(4) RSJ 458. The petitioner is, therefore, entitled to a reckoning of the period when he had been kept out of service by a wrong order of termination, which ultimately was set aside and he was directed to be reinstated in the service. 3. It is contended by learned counsel appearing for the respondent that during the period when the petitioner had not been in service, contribution to the Provident Fund had not been made and therefore, the petitioner would not be entitled to the entire amount during the period without suffering a deduction for the amount, which he ought to have paid if he had been in service. There shall be no requirement for making the payment independently before he claims the benefits. On the other hand, the respondents will be at liberty to render a calculation of the amount that is due from the petitioner during the period when he had not been in service and deduct the same out of the total emoluments. The entire exercise of computation and payment shall be done within a period of three months from the date of receipt of copy of the order. 4. The writ petition is allowed on the above terms. There shall be, however, no direction as to costs. (K. KANNAN) JUDGE March 16, 2010 Pankaj*