RSA No.323 of 2004(O & M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.323 of 2004 (O & M) Date of Decision: 01.02.2010. Roop Chand .……Appellant Versus Haryana Vidyut Parsaran Nigam Ltd. ……Respondent Coram:- HON’BLE MR. JUSTICE L. N. MITTAL. Present: Mr. Naveen Daryal, Advocate for the appellant. Mr. Sudhir Kumar, Advocate for Mr. Narender Hooda, Advocate for respondents. L. N. MITTAL, J (ORAL) CM No.12665 –C of 2009 The application is not opposed and is accordingly allowed and the appeal is taken up for hearing today itself. Main Appeal. This is second appeal by plaintiff, who filed suit seeking declaration that he is entitled to benefit of work charged service rendered by him, for the purpose of fixation of pay and for retrial benefits along with interest on the arrears becoming due to the plaintiff. Learned Civil Judge (Junior Division), Karnal vide judgment and decree dated 24.10.2002, decreed the suit of the plaintiff. However, learned Additional District Judge, Karnal vide judgment and decree dated 07.11.2003 allowed the appeal preferred by the defendants and dismissed the suit filed by the plaintiff. Learned counsel for the parties submit that the instant RSA No.323 of 2004(O & M) -2- second appeal is covered in favour of the plaintiff by judgment dated 30.07.2009 (Annexure P-6) passed by Hon’ble Supreme Court in Civil Appeal No.4903 of 2009 arising out of the SLP (Civil) No.23708 of 2005 titled as Dakshin Haryana Bijli Vitran Nigam and others versus Bachan Singh, whereby bunch of appeals was disposed of by Hon’ble Supreme Court. In view of the aforesaid, the instant appeal is allowed and impugned judgment and decree dated 07.11.2003 passed by learned Additional District Judge, Karnal are set aside and judgment and decree dated 24.10.2002 passed by the trial Court whereby suit of the plaintiff was decreed are restored. However, if the plaintiff- appellant has not deposited the amount of EPF along with interest at the rate as applicable to GPF subscription, the defendants shall be at liberty to deduct the said amount from the arrears that would become due to the plaintiff on account of judgment and decree of the trial Court and if the amount of EPF and interest exceeds the arrears becoming due to the plaintiff, the plaintiff shall deposit the same within two months of the service of demand notice on him by the defendants. ( L. N. MITTAL ) JUDGE 01.02.2010 A. Kaundal