IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.17057 of 2005 Date of decision: 11th November, 2010 Punjab State Tubewell Corporation Limited … Petitioner Versus Punjab State Commission for Scheduled Castes and another … Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Amit Singh Sethi, Advocate for the petitioner. Ms. Sudeepti Sharma, Dy. Advocate General, Punjab for respondent No.1. None for respondent No.2. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Punjab State Tubewell Corporation Limited has approached this Court with a prayer that a writ in the nature of certiorari be issued and the directives issued by respondent No.1-Punjab State Commission for Scheduled Castes (hereinafter referred to as, ‘the Commission’) in favour of respondent No.2-Balu Ram vide orders (Annexures P-4 and P-8), dated 21st December, 2004 and 9th August, 2005 respectively, be quashed. Briefly stated, the petitioner-Corporation is a wholly owned Company of the Government of Punjab, which was established to organize and augment the irrigation facilities in the State of Punjab through the medium of tubewells and also to undertake lining of water courses, from which the water was to be carried to the end user. The petitioner-Corporation is having a large number of employees on its rolls. Civil Writ Petition No.17057 of 2005 Respondent No.2-Balu Ram was employed as a Chowkidar in the Corporation in the year 1978 on work-charge basis. His services were terminated on 11th June, 1988. Regarding his termination/retrenchment, he raised an industrial dispute and the Labour Court vide order dated 26th July, 1993 partly allowed the claim of Balu Ram and after setting aside the order of termination, ordered his reinstatement. It is further stand of the petitioner-Corporation that continuity in service as a Work Mistri was restored to Balu Ram with effect from 4th May, 1988 and his services were regularized as such with effect from 30th September, 1996. The order of regularization specifically stated that the employee will not be entitled to claim arrears of back wages for the period he had not performed duties as a Work Mistri, but he was given the benefit of seniority. Respondent No.2-Balu Ram belongs to Scheduled Caste category. It is stand of the petitioner-Corporation that Balu Ram had submitted a representation to the Superintending Engineer, Lining Circle No.1 for grant of seniority. The question of seniority was a subject matter of two writ petitions. Balu Ram filed Civil Writ Petition No.2236 of 2001, wherein he claimed his promotion. That writ petition was dismissed as withdrawn on 19th December, 2003. Thereafter, he filed another petition bearing Civil Writ Petition No.16026 of 2004 for getting his back wages. He further filed a petition bearing Civil Writ Petition No.13136 of 2005 challenging his transfer from Malout to Pathankot. Since the disputes pertaining to his seniority and transfer were being agitated by respondent No.2-Balu Ram, he entertained a thought that perhaps he has been discriminated by the officials of the Corporation, being a Scheduled Caste person. He approached the Commission, which passed order (Annexure P-4) dated 21st December, 2004 noticing the fact that Balu Ram had made a grievance regarding his reversion and that he had not been granted seniority and grade as per the decision of the 2 Civil Writ Petition No.17057 of 2005 Screening Committee. Vide order (Annexure P-4), the Chairman of the Commission desired that the petitioner-Corporation should decide the seniority and grade of Balu Ram as per his representation dated 18th November, 2003, within a period of one month from the date of receipt of a copy of the order. Thereafter, the Commission passed another order (Annexure P-8) on 9th August, 2005, wherein the grievance of Balu Ram regarding his transfer from Malout to Pathankot was noticed. It will be pertinent to mention here that qua this dispute, Balu Ram had also filed a writ petition in this Court. The Commission gave a direction that the order of cancellation of transfer of Balu Ram be complied with, within a week, failing which it would amount to willful disobedience of the orders of the Commission. The orders (Annexure P-4 and Annexure P-8) have been assailed before this Court. State of Punjab has filed reply on behalf of the Commission. The powers of the Commission have been noticed under Sub Section (2) of Section 10 of the Punjab State Commission for Scheduled Castes Act, 2004 (hereinafter referred to as, ‘the Act’), the relevant portion whereof reads as under: “10.(2) The Commission shall perform all or any of the following functions, namely:- (a) to investigate and monitor all matters relating to the safeguards provided for the Scheduled Castes under the Constitution of India or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards; (b) to participate and advise on the planning process of socio-economic development of the Scheduled Castes and to evaluate the progress of their development; 3 Civil Writ Petition No.17057 of 2005 (c) to make recommendations as to the measures that should be taken by the State Government for the effective implementation of the safeguards and other measures for the protection, welfare and socio- economic development of the Scheduled Castes; (d) to discharge such other functions in relation to the protection, welfare, development and advancement of the Scheduled Castes as may be prescribed; (e) to advise the Government on legislative and developmental policies affecting Scheduled Castes; (f) to undertake necessary steps at the Government and public level to protect the constitutional and legal rights of Scheduled Castes; (g) to monitor the implementation of laws and welfare measures concerning Scheduled Castes and initiate action for legal and administrative reforms to improve status of Scheduled Castes; (h) to investigate suo motu or on complaint with respect to the deprivation of rights or discrimination or victimization of the Scheduled Castes and to recommend remedial action to the Government and initiate judicial proceedings wherever necessary for effective remedy; (i) to conduct studies and research into the problems of Scheduled Castes and report the same to the Government for appropriate action; (j) to recommend prosecution in offences committed against Scheduled Castes and assist prosecution with evidence and legal services; (k) to conduct public interest litigation on behalf of groups of Scheduled Castes in general, and in special, in an individual case of a Scheduled Caste, who suffer or have suffered from injustice or discrimination or to intervene in any proceeding pending before a Court relating to such matters with the permission of the Court and provide legal aid and rehabilitation in deserving cases; 4 Civil Writ Petition No.17057 of 2005 (l) to present to the Government, annually and at such other times as the Commission may deem fit, reports upon the working of the safeguards referred to in the preceding clauses; (m) to make in such reports, recommendations for the effective implementation of the aforesaid safeguards for improving the conditions of Scheduled Castes by the Union or any State; (n) to review, from time to time, the existing provisions of the Constitution of India and other laws affecting Scheduled Castes and recommend amendments thereto so as to suggest remedial legislative measures to meet any lacunae, inadequacies or shortcomings in such legislation; and (o) to suggest and recommend the measures for safeguarding and uplifting the status and conditions of Scheduled Castes and any other matter, which may be considered necessary and proper by the Commission for the welfare of Scheduled Castes or which may be referred to it by the Government.” A perusal of Section 10(2) of the Act reproduced above reveals that it nowhere empowers the Commission to give a direction to the employer for resolution of the service disputes of a Scheduled Caste employee. Therefore, the Commission has acted beyond its jurisdiction in issuing orders (Annexure P-4 and P-8). Counsel for the petitioner has relied upon a judgment rendered by a Division Bench of Hon’ble the Apex Court in ‘All India Indian Overseas Bank SC and ST Employees’ Welfare Association and others v. Union of India and others’ (1996) 6 Supreme Court Cases 606, wherein it was held that even though the National Commission for Scheduled Castes and Scheduled Tribes has powers of a Civil Court, they are for the purposes of investigation and holding enquiry, and that the Commission cannot issue any orders/directions for compliance to any authority. 5 Civil Writ Petition No.17057 of 2005 This Court is of the considered opinion that the Commission has acted beyond its jurisdiction in issuing the orders (Annexure P-4 and P-8). Determination of seniority of a Scheduled Caste employee or his transfer is a function, which is beyond the scope of the Commission. Hence, the present petition is allowed and the impugned orders (Annexure P-4 and P-8) are hereby quashed. [KANWALJIT SINGH AHLUWALIA] JUDGE November 11, 2010 rps 6