C.W.P. No.14363 of 2011 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.14363 of 2011 Date of Decision.08.08.2011 Raj Kumar Sharma son of Nand Lal Sharma, Ex-Driver-cum-Conductor, resident of E-61, University Campus, Punjab University, Patiala .....Petitioner Versus Commissioner, Patiala Division, Patiala and others .....Respondents Present: Mr. Sudhir Aggarwal, Advocate for the petitioner. 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 action taken under the Public Premises Act is resisted by the person, who is in possession of property on the ground that an order of termination of service is subject of challenge before the Labour Court and till a decision is taken by the Labour Court, his possession cannot be termed unlawful. So long as the termination order operates and he is not in service, there is no question of taking the situation as though he continues in service and if such a fiction cannot be introduced, the logical consequence would be that the person who was inducted in possession by virtue of his employment status will have to defend the action under the Public Premises Act on its own merit and cannot seek for the proceedings to be put in limbo till the decision is taken by the Labour Court. C.W.P. No.14363 of 2011 -2- 2. There is no scope for interference for the action under the Public Premises Act and the writ petition is dismissed. (K. KANNAN) JUDGE August 08, 2011 Pankaj*