PunjabHaryana High Court B L Bhagat And Ors vs State Of Punjab Th Secretary Dept Of ... on 20 February, 2023 Neutral Citation No:2023:PHHC:031008 EA22016 in CWP11322000 1 AT CHANDIGARH EA22016 in CWP11322000 Date of decision : 20.02.2023 B L Bhagat and others ..... Applicants/Petitioners versus State of Punjab through Secretary Department of Cooperation Civil Secretariat, Punjab, Chandigarh ...... Respondents CORAM : HON'BLE MR. JUSTICE PANKAJ JAIN Present: Mr. Ajay Vijaraina, Advocate for the petitioners. Mr. Rajesh Mehta, Additional A.G., Punjab. Mr. Puneet Kansal, Advocate for respondents No.3 and 4. **** PANKAJ JAIN, J. (Oral) Present execution application has been filed claiming relief of execution of the judgment passed by this Court in CWP No.1132 of 2000. Operative part thereof reads as under: "Admittedly, the arrears of salary are due to the petitioners, it is also not disputed that they were employed on lower category of posts. So far as the petitioners in CWP No.1132 of 2000 are concerned they are still in service. Since they are borne on the common cadre, it is directed that the arrears of salary shall be released to them within two months from the date of receipt of a certificate copy of this order. So, far as the employees in the other two case are concerned, the liquidator who is none else but the Managing Director of the Spinfed, shall proceed to sell a part of the available assets so as to ensure that the payment of arrears is made to the petitioners. The needful shall be 1 of 5 ::: Downloaded on 01062023 13:02:03 ::: Neutral Citation No:2023:PHHC:031008 EA22016 in CWP11322000 2 done within two months from the date of receipt of a copy of the order. In case of failure to do so, the petitioners shall be entitled to the payment of arrears alongwith interest @ 98 from the date of accrual till the date of payment." 2. The matter was thereafter taken in LPA No.534 of 2002, wherein the following order was passed: "1. This appeal has been preferred against direction of learned Single Judge to pay wages to the employees in accordance with law. 2. Learned counsel for the appellant says that backwages have duly been paid in accordance with law. Learned counsel for the respondent states that though wages have been partly paid, some amount still remain to be paid. 3. In view of the fact that amount due as per calculation of the appellant has already been paid and there is dispute regarding the remaining, we dispose of this appeal with liberty to the respondents to have the said dispute resolved at appropriate forum. This order will also apply to the claim of the employees for interest. However, the order of costs is set aside." 3. Counsel for the execution applicantpetitioner submits that it was admitted case before the Courts that the arrears of salary are due and in terms of directions, the respondents were required to pay the same. The petitioner having not received is entitled to execute those orders. 4. Per contra, Mr. Kansal submits that apart from the fact that the period for which the salary was due was never ascertained by any Court. The fact remains that the petitioner has accepted voluntary retirement which was promulgated under the rules known as 'Punjab State Public Sector Undertakings Voluntary Retirement Scheme (VRS) 2002' and the General 2 of 5 ::: Downloaded on 01062023 13:02:04 ::: Neutral Citation No:2023:PHHC:031008 EA