IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

214

CWP-19150-2017

Date of decision: 24.01.2023

M/S ROUND DEE CLOCK SECURITIES

.......Petitioner

VERSUS

UNION OF INDIA AND ANOTHER

.......Respondents

CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ

*****

Present:-

Mr. Tejas Bansal, Advocate for

Mr. Sanjiv Kumar Aggarwal, Advocate

for the petitioner.

Mr. Rajiv Sharma, Advocate

for the respondents.

*****

VINOD S. BHARDWAJ, J. (Oral)

The present writ petition has been filed under Articles 226/227

of the Constitution of India, 1950 seeking issuance of a writ in the nature of

Certiorari for quashing of the reply dated 28.03.2017 (Annexure P-9) and a

further prayer had been sought for seeking issuance of directions to the

respondents to release a payment of Rs. 8,98,872/- alongwith interest @

18% per annum claiming to be overdue against the bonus arrears which have

been declined by the respondents vide letter/reply dated 18.05.2017

(Annexure P-10).

2.

Learned counsel appearing on behalf of the petitioner contends

that the petitioner was awarded the contract of providing security service to

RITES offices and residential premises in Haryana area vide letter dated

VISHAL SHARMA

2023.02.03 19:00

I attest to the accuracy and

authenticity of this order/judgment

CWP-19150-2017

-2-

14.02.2014 by the respondent No.2. A contract agreement was also signed

between the parties which has been appended alongwith the said petition

(Annexure P-1). The above said contract was initially awarded for a period

of one year, however, the same was eventually extended after 31.01.2016. It

is claimed that the petitioner was to make a payment of monthly wages to

the security guards as per the rates of minimum wages fixed by the DGR

from time to time and the same was required to be paid through the Bank

Accounts. Vide Gazette Notification No. 6 dated 01.01.2016, an amendment

was made in the payment of Bonus Act, 1965 vide which minimum wages

were fixed for schedule employment and the notification was made

applicable w.e.f 01.04.2014. An advisory was thereafter issued by the DGR

that the wages be paid to the security guards as per the above-said

notification. The petitioner thereafter made payment of the arrears w.e.f.

01.04.2014 to 31.01.2016 to the security guards deployed with the

respondent No.2 and raised the arrears bill pertaining to the bonus to the

respondent No.2 on 20.06.2016. A reply was however received from

respondent No.2 whereby it was conveyed that the payments made to the

security personnel towards bonus arrear from the period from 01.01.2014 to

31.01.2016 was not as per the Gazette of India Notification dated 01.01.2016

and the advisory issued by the respondents dated 24.02.2016. The petitioners

were called upon to depute their representative for discussions and to

understand the methodology as prescribed in the Gazette of India

Notification issued by Government of India. It is averred the representative

of the petitioner contacted the respondent-officials and informed about their

methodology for carrying out the calculation and that a letter was thereafter

sent on 21.11.2016 claiming the said amount.

VISHAL SHARMA

2023.02.03 19:00

I attest to the accuracy and

authenticity of this order/judgment

CWP-19150-2017

-3-

3.

Reply on behalf of respondents has been filed wherein the

respondents disputed any such liability payable by them as there was no

occasion for retrospective payment of bonus as allegedly undertaken by the

petitioners. It was also pointed out that the information in this regard was

sent by the respondent No.2 to the petitioner to clarify that the methodology

adopted by them was not in accordance with the Gazette Notification and

the advisory issued by the DGR and that mistakes were