Letters Patent Appeal No.698 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. LPA No.698 of 2009 Date of Decision:-27.8.2009 Punjab Agro Industries Corporation Ltd. ---Appellant Versus Pritam Singh and another ---Respondents CORAM:- HON'BLE MR.JUSTICE J.S.KHEHAR HON'BLE MR.JUSTICE S.D.ANAND Present:- Mr.Arun Nehra, Advocate for the appellant. Mr.K.L.Arora, Advocate for respondent No.1. J.S.KHEHAR, J.(ORAL) The grievance of the appellant, with the interim order dated 7.7.2009, passed by the learned Single Judge, is to the effect that, in case the appellant succeeds before this Court, respondent No.1 may not be traceable for the recovery of payment made to him in compliance with the order passed by the Presiding Officer, Labour Court, Chandigarh. It is, therefore, the contention of the learned counsel for the appellant, that the appellant be permitted to retain the amount with the undertaking that the appellant will pay interest at the rate of 8% per annum on the amount found due ultimately to respondent No.1, in case respondent No.1 succeeds before this Court. Learned counsel for respondent No.1 states that there is no question of respondent No.1 not paying back any amount which may be given to him in excess, in terms of the order dated 7.7.2009 passed by the learned Single Judge, and that, respondent No.1 is ready and willing to mortgage by deposit of title deed of one acre of the agricultural land owned Letters Patent Appeal No.698 of 2009 2 by him with the Presiding Officer, Labour Court, Chandigarh to safeguard and ensure the return of the amount, if any, as per the order which may be passed by this Court while disposing of the main case. He further states that respondent No.1 is willing to pay interest at the rate of 9% per annum on the amount, if any, recoverable at the hands of the appellant, after the decision of this court in CWP No.9794 of 2009. Having weighed the equities, we are satisfied that respondent No.1 should be paid the amount in compliance with the order passed by the learned Single Judge on 7.7.2009, subject to the condition that respondent No.1 deposits the title deed of the agricultural land measuring at least one acre with the Presiding Officer, Labour Court, Chandigarh, as a guarantee for return of the amount, if any, which may eventually be found due to the appellant, as also, subject to the condition that the aforesaid refund would be made alongwith interest at the rate of 9% per annum. In view of the above, respondent No.1 undertakes to deposit the original title deed of his agricultural land alongwith an undertaking in terms of the commitment made to this Court, with the Presiding Officer, Labour Court, Chandigarh on or before 14.9.2009. The appellant shall ensure the release of the payment to respondent No.1 in terms of the order dated 7.7.2009 passed by this Court on or before 22.9.2009. This Letters Patent Appeal stands disposed of in the aforesaid terms. (J.S.Khehar) Judge (S.D.Anand) 27.8.2009 Judge AS