COCP No.963 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH COCP No.963 of 2009 Date of decision: 8.9.2009 Amarjit Singh and another ......Petitioner(s) Versus Sh.P.K. Gupta and another ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: Mr. R.S. Manhas, Advocate for the petitioners. Mr. M.C. Berry, Additional Advocate General, Punjab. Rakesh Kumar Garg, J.(Oral) The grievance of the petitioners in this case is that despite the order dated 29.9.2008 requiring the respondents to take a decision on the legal notice of the petitioners, the respondents have failed to take necessary steps. In response to the show cause notice issued by this Court, reply by way of short affidavit of Sh. Lekh Raj, Financial Advisor and Chief Accounts Officer Ranjit Singh Sagar Dam, Shahpur Kandi, Township, Tehsil Pathankot, Distt Gurdaspur has been filed wherein it has been submitted as under:- “That in compliance of the orders dated 29.9.2008 passed by this Court, legal notice (Annexure P-4) was decided and accordingly vide Office Order No.146A/FA/Workshop/2009/CC-963 dated 28.4.2009 was issued, which is attached herewith as Annexure R- 1. Accordingly the arrears of the pay scale of Rs.1200- 2100 to Sh. Amarjit Singh son of Sh.Sardara Singh, COCP No.963 of 2009 2 petitioner No.1, for the period from 1.1.1986 to 30.4.1996 amounting to Rs.33,642/- along with 12% interest amounting to Rs.16734.06 was paid to the workman as per sanction issued by the Chief Engineer, Ranjit Sagar Dam Project, Shahpurkandi Township, Tehsil Pathankot, Distt. Gurdaspur, during the year 2002, through Bank Draft in favour of Labor cum Reconciliation Officer, Gurdaspur, in compliance of the orders passed by the learned Labour Court, Gurdaspur, under Section 33-C(2) of the Industrial Disputes Act, dated 25.1.2002. Further, the arrears for the period from 1.5.1996 to 31.1.1998 amounting to Rs.9783/- was passed by Financial Adviser & Chief Accounts Officer, Ranjit Sagar Dam Project, Shahpurkandi Township, Tehsil Pathankot, and the same was sent to the petitioner in form of Bankers Cheque No.382379 dated 9.7.2009, by Executive Engineer, Workshop Division, Ranjit Sagar Dam Project, Shahpurkandi Township, but it was intimated by the Executive Engineer, Workshop Division, Ranjit Sagar Dam Project, Shahpurkandi Township, (Controlling Officer) vide his letter No.1713- 15/PF dated 29.7.2009 that petitioner No.1 has not received the Bankers cheque with the remarks that he would receive the amount after consultation with his advocate. Copy of which is annexed herewith as Annexure R-2. The arrears of the pay scale of Rs.1200-2100 to Sh. Ronki Ram son of Sh.Prittam Chand, petitioner No.2, COCP No.963 of 2009 3 amounting to Rs.39,243/- for the period from 1.1.1986 to 12.3.1996 and Rs.48,462/- for the period from 13.3.1996 and 31.12.2001 was passed by the Financial Adviser & Chief Accounts Officer. It has been reported by the Executive Engineer, Workshop Division, Ranjit Sagar Dam Project, Shahpurkandi Township, Distt. Gurdaspur, Punjab, (Controlling Authority) by his letter No.5698- 5700/PF dated 21.8.2009 and No.5574-75/PF dated 17.8.2009 that these amounts have been sent to petitioner No.2 by Registered Post in the shape of Banker's cheque No.968788 dated 13.8.2009 and No.968481 dated 27.7.2009, copies of which is annexed herewith as Annexures R-3 and R-4.” In view of the aforesaid stand taken by the respondents, I am not inclined to proceed further in this contempt petition. However, if the petitioners are still aggrieved for non payment of any of the amounts, they may submit a representation to the respondents within one month from today and if any such representation is filed, the same shall be decided within two months in accordance with law. Rule discharged. September 8, 2009 (RAKESH KUMAR GARG) ps JUDGE