LPA No. 38 of 2011

1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

LPA No. 38 of 2011

Date of decision 15 .3.2011

Arun Kumar

... Appellant

Versus

State of Haryana and others

... Respondents.

CORAM:

HON'BLE MR. JUSTICE M.M. KUMAR

HON'BLE MR. JUSTICE T.P.S. MANN

Present:

Mr.V.B.Aggarwal,Advocate for the appellant

1. To be referred to the Reporter or not ?

2. Whether the judgement should be reported in the Digest ?

M.M.KUMAR, J.

The instant appeal filed under Clause X of the Letters Patent is

directed against the judgement dated 1.7.2010 of the learned Single Judged

holding that the appellant would be engaged as Auctioneer as and when

required for auction to be conducted by the respondent- Committee.

2.

It is not disputed that the appellant was engaged as Auctioneer on

commission basis at Market Committee Shahbad on 25.4.1984 (R.2). His

rate of commission was 8 paise per Rs. 100/- of the value. The learned

Single Judge has found that the Auctioneer is appointed on commission

basis and not on regular basis. He is to earn commission at a specified rate.

3.

Mr. V.B.Aggarwal, learned counsel for the appellant, has

argued that Section 43(2)(viii) of th