Present: Mr. Sandeep Arora Advocate for Vs. - Court Judgment

SooperKanoon Citationsooperkanoon.com/1056240
CourtPunjab and Haryana High Court
Decided OnMay-02-2013
AppellantPresent: Mr. Sandeep Arora Advocate for
Excerpt:
lpa no.483 of 2013 -1- in the high court of punjab & haryana at chandigarh lpa no.483 of 2013 (o&m) date of decision:02. 05.2013 thapar institute of engineering and technology employees association ....appellant versus state of punjab and others ....respondents coram: hon'ble mr.justice surya kant hon'ble mr.justice r.p.nagrath present: mr.sandeep arora, advocate for mr.hemender goswami, advocate for the appellant. surya kant, j. (oral) this letters patent appeal is directed against the order dated 5.11.2012 passed by the learned single judge, whereby the writ petition preferred by the appellant-association has been dismissed by observing that the employees should be more interested in 'working' instead of looking for the leave admissible to them. the writ petition was preferred by the appellant-association against the circular dated 15.3.2012, issued by the thapar university, patiala, whereby the total leave admissible to the employees are said to have been reduced. lpa no.483 of 2013 -2- having heard learned counsel for the appellant, we are of the considered view that the grant of total leave to a class or category of employees is a matter of policy which every employer is required to take keeping the interest of the institution in view. the appellant-association may have a right to represent and impress upon the competent authority that the leave period earlier sanctioned was fully justified. we find from the record that the appellant-association had served the registrar of the thapar university with a legal notice on 4.4.2012 but thereafter they rushed to the court. in these circumstances and having regard to the nature of relief sought in the writ petition, we modify the order dated 5.11.2012 of the learned single judge, to the extent that the appellant-association may pursue its claim before the authorities of the thapar university who shall on consideration of the matter pass an appropriate order in accordance with law. disposed of. ( surya kant ) judge may 02, 2013 ( r.p.nagrath ) rishu judge
Judgment:

LPA No.483 of 2013 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH LPA No.483 of 2013 (O&M) Date of decision:

02. 05.2013 Thapar Institute of Engineering and Technology Employees Association ....Appellant Versus State of Punjab and others ....Respondents CORAM: HON'BLE Mr.JUSTICE SURYA KANT HON'BLE MR.JUSTICE R.P.NAGRATH PRESENT: Mr.Sandeep Arora, Advocate for Mr.Hemender Goswami, Advocate for the appellant.

SURYA KANT, J.

(ORAL) This Letters patent appeal is directed against the order dated 5.11.2012 passed by the learned Single Judge, whereby the writ petition preferred by the appellant-Association has been dismissed by observing that the employees should be more interested in 'working' instead of looking for the leave admissible to them.

The writ petition was preferred by the appellant-Association against the circular dated 15.3.2012, issued by the Thapar University, Patiala, whereby the total leave admissible to the employees are said to have been reduced.

LPA No.483 of 2013 -2- Having heard learned counsel for the appellant, we are of the considered view that the grant of total leave to a class or category of employees is a matter of policy which every employer is required to take keeping the interest of the institution in view.

The appellant-Association may have a right to represent and impress upon the Competent Authority that the leave period earlier sanctioned was fully justified.

We find from the record that the appellant-Association had served the Registrar of the Thapar University with a legal notice on 4.4.2012 but thereafter they rushed to the Court.

In these circumstances and having regard to the nature of relief sought in the writ petition, we modify the order dated 5.11.2012 of the learned Single Judge, to the extent that the appellant-Association may pursue its claim before the Authorities of the Thapar University who shall on consideration of the matter pass an appropriate order in accordance with law.

Disposed of.

( SURYA KANT ) JUDGE May 02, 2013 ( R.P.NAGRATH ) rishu JUDGE