Prem Chand Sharma v. Union Territory of Chandigarh
1988-09-28
E.S.VENKATARAMIAH, N.D.OJHA
body1988
DigiLaw.ai
JUDGMENT : Venkataramiah and Ojha, JJ. 1. The only question involved in this case is whether the Union Territory of Chandigarh and the Controller of Press, Union Territory of Chandigarh were right in withholding the months' salary and allowances due to the appellants who are 664 in number. The High Court proceeded to dismiss the writ petition filed by the appellants principally on the ground that the writ petition suffered from laches. The writ petition was actually filed within three months from the date on which the cause of action accrued. The High Court was, therefore, in error in dismissing the writ petition on that ground. Admittedly the wages payable to the workmen have been withheld without holding any enquiry. We feel that in the circumstances of the case the entire dispute involved in this case should be settled by directing respondents 1 and 2 to pay one-half of the wages in dispute instead of directing an enquiry after nearly eight years. We, accordingly direct respondents 1 to 2 to pay the appellants one-half of the wages deducted from the pay bill of each of them. We also direct that the period in respect of which wages have been deducted should be treated as the period spent on duty for purposes of continuity of service. 2. This appeal is disposed of accordingly. No costs. Order accordingly.