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HARPREET SINGH BRAR, J. (Oral)

1. The present writ petition has been filed under Article 226/227 of the Constitution of India for issuance of an appropriate writ or order in the nature of mandamus directing the respondents not to stop from performing his duties who is serving with the respondents as Sewadar cum Chowkidar since the year 2023 and has already completed his probation period with the respondents and further directing the respondents to clear the withheld salary of petitioner at the earliest.

PETITIONER’S CONTENTIONS

2. Learned counsel for the petitioner, inter alia, contends that the petitioner completed his Matriculation in the year 2020 and Senior Secondary in the year 2022 from the Punjab School Education Board, as is discernible from Annexures P-1 and P-2. Respondent No.4, i.e. Dittupur Jattan Multipurpose Cooperative Sabha Limited, advertised the post of Sewadar-cum-Chowkidar vide Annexure P-3. The petitioner applied for the said post and was allegedly selected.

2.1 It is further submitted that although the petitioner was permitted to join and discharge duties, the formal joining/appointment letter was kept pending on the pretext that the same would be handed over after completion of the probation period. At the time of appointment, several documents, including blank papers, were allegedly got signed from the petitioner by respondent No.4.

2.2 Learned counsel submits that the petitioner completed his probation period of two years on 01.03.2025, but no confirmation letter has been issued till date. On 18.09.2025, the petitioner submitted a representation to respondent No.4 requesting confirmation of completion of probation period. However, respondent No.4 allegedly misbehaved with the petitioner and stated that he would not be allowed to mark attendance and that his salary would be stopped. It is further contended that on 25.09.2025, when the petitioner tried to go to respondent No.4-Society, he came to know from other employees that he had been expelled from the Society by misusing the blank papers signed by him and by converting the same into a resignation. The father of the petitioner also filed an application under the Right to Information Act seeking complete record of the proceedings book of respondent No.4. Respondent No.2 forwarded the same to respondent No.4 vide Annexure P-7; however, no further action has been taken.

2.3 Learned counsel further submits that the respondents are not allowing the petitioner to enter the premises and perform his duties and are in the process of appointing another person, who is stated to be a close relative of respondent No.4.

RESPONDENTS’ CONTENTIONS

3. Per contra, learned State counsel opposes the prayer made by learned counsel for the petitioner on the ground that the present writ petition is not maintainable, as the entire claim is directed against respondent No.4, which is a Cooperative Society. It is further submitted that the petitioner has raised disputed questions of fact, which cannot be effectively adjudicated in exercise of writ jurisdiction under Article 226 of the Constitution of India. Accordingly, it is prayed that the present writ petition be dismissed being devoid of merit.

OBSERVATIONS AND ANALYSIS

4. I have heard learned counsel for the parties and have perused the record with their able assistance.

5. It transpires that the primary grievance of the petitioner is against respondent No.4-Society. The petitioner claims that he was selected and appointed as Sewadar-cum-Chowkidar and that after completion of probation, he has been illegally prevented from performing duties. However, admittedly, no appointment letter has been placed on record by the petitioner to substantiate the terms and conditions of his appointment.

6. The allegations regarding signing of blank papers, conversion of the same into resignation, denial of entry into the premises, stoppage of salary and proposed appointment of another person are all seriously disputed