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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
NAMIT KUMAR
Naranjan Singh – Appellant
Versus
Pepsu Road Transport Corporation, Nabha Road, Patiala – Respondent
JUDGMENT :
Namit Kumar, J.
The petitioner has filed the present writ petition under Articles 226 and 227 of the Constitution of India seeking a writ of mandamus directing the respondent-Corporation to count the period from 08.03.1976 to 08.02.1980 as a qualifying service for the purpose of revised pay and pensionary benefits, along with interest @18% per annum and further seeking a writ of certiorari for quashing the impugned order dated 19.07.2017 (Annexure P-8).2. The brief facts, as have been pleaded in the present petition, are that the petitioner had joined the service of respondent-Pepsu Road Transport Corporation, Nabha Road, Patiala as conductor on 01.09.1973. His services were terminated on 03.05.1976 and against the said termination, he had filed an appeal before the Chairman of the respondent-Corporation, which was dismissed on 09.08.1977, however, lateron again the petitioner approached the Chairman of the respondent Corporation by filing an application and the same was accepted and vide order dated 08.02.1980 (Annexure P-1), he was reinstated in service with immediate effect with clear understanding that he will not be given any wages for the period he remained out of se
The court upheld the principle that an employee's reinstatement and continuity of service must be recognized for pension calculations, as affirmed by the Labour Court and High Court decisions.
Point of law: Service Laws – Continuity of service – Pension – Direction to grant the benefit of continuity of service to the workman and consequently, compute the length of service, make the necessa....
The lack of evidence of termination or departmental inquiry can influence the acceptance of a claim for the entire service period to be considered for pensionary benefits.
Dismissal after imprisonment for the same offense constitutes double punishment; the period of dismissal must be treated as qualifying service for pension computation.
The main legal point established in the judgment is the entitlement of employees to have their past services counted for pensionary benefits, as per the provisions of the Industrial Disputes Act and ....
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