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Judgment
Ajai Lamba, J.—This civil writ petition filed under Article 226/227 of the Constitution of India prays for a writ in the nature of certiorari quashing/modifying Memo dated 4.12.2007 and further, for a writ in the nature of mandamus directing the respondents to revise the amount of pay and allowances and pensionary benefits of the petitioners accordingly.
The facts relevant to adjudicate on the limited issue are that Industrial Tribunal, Chandigarh Central, adjudicated upon the reference made by the petitioners on 27.7.1974 wherein certain reliefs were given to the petitioners. Directions were not implemented and therefore, the petitioners had to approach this Court by way of filing Civil Writ Petition No. 4921 of 1987. This Court directed that the respondents are duty bound to implement the award of the Industrial Tribunal. The judgment was affirmed in LPA. The SLP was also dismissed.
Subsequently, it was alleged that the directions of this Court had not been implemented in its entirety. COCP No. 1649 of 2006 came to be filed. Order passed in COCP on 13.8.2007 has been placed on record as Annexure P-9. This Court formulated an opinion that the petitioners are entitled to wages w.e.f. 1.2.1981 i.e. the date from which they had been appointed. The matter was directed to be listed on 10.12.2007 to hear the respondents in the context of compliance of order passed by this Court.
The matter was taken up on 10.12.2007. On behalf of the respondents, it was brought out that money had been paid to the petitioners after deducting income tax. The details of amount paid and the tax deducted, were disclosed to this Court. Considering the facts and circumstances of the case while mentioning the details of amount paid to the petitioners and the income tax deducted, it was observed in Order dated 10.12.2007 that the petition has been rendered infructuous as no further action is called for.
The challenge in this civil writ petition is to Order dated 4.12.2007 whereas the Contempt of Court Petition was taken up for hearing on 10.12.2007 i.e. subsequent to the order passed. The contents of Annexure P-8 have been considered by this Court and it has been observed that no further action is called for. I find that none had put in appearance for the petitioners on 10.12.2007.
Be that as it may, the petitioners through their counsel issued a legal notice asking for full and complete break-up of the amount due to them. In response to the legal notice, vide Annexure P-11 dated 30.5.2008, the name of the petitioners, gross amount, income tax deducted and the amount net payable have been reflected. Even the date of cheque and details thereof have been reflected.
7.In view of the fact that the matter has been considered by this Court and it has been observed that no further action is called for in the context of claim of the petitioner, I find no ground to issue any directions in writ jurisdiction.
The petition is dismissed.