C.K.THAKKER, J. - (1.) LEAVE granted.
(2.) THE present appeals arise out of orders passed by the Division Bench of the High Court of Punjab and Haryana at Chandigarh on October 18, 2001 in several Letters Patent Appeals. By those orders, the Division Bench set aside the orders passed by the learned single Judge in various writ petitions filed by the petitioners and dismissed those petitions. To appreciate the controversy raised by the parties, relevant facts of the first matter (S.L.P. No. 6360 of 2002) may be stated. The said appeal is filed by one Hari Chand along with three appellants and legal representatives of one Mr. Gardia. From the record, it appears that these five persons were employees of the Faridabad Development Board which was converted into Faridabad Notified Area Committee, later on renamed as Faridabad Complex Administration and finally as Faridabad Municipal Corporation. The particulars of their service are as detailed below; JUDGEMENT_608_JT4_2005Html1.htm
(3.) IT was the case of the petitioners (appellants herein) that they were appointed by Faridabad Development Board. On January 1, 1960, the functions of the Development Board were transferred to Notified Area Committee and services of the petitioners were also transferred to the Area Committee. After coming into force of the Faridabad Complex (Regulation and Development) Act, 1971 (Act 42 of 1971), all the employees were transferred to the Complex Administration. From the perusal of various provisions of the Act, it was clear, submitted the petitioners, that the function of Municipal Committee was taken over by respondent no.2 under the Act of 1971. Services of the existing staff of the Municipalities i.e. Municipality of Faridabad and Township, Municipality of Faridabad Old and Municipality of Ballabhgarh were taken over by Faridabad Complex Administration. Those employees thus became employees of Faridabad Complex Administration. According to the petitioners, they were entitled to all the benefits and facilities in the matters of pay, pension, gratuity, etc. as extended and available to employees of the State Government as the conditions of services of the petitioners were governed by the Punjab Civil Services Rules'as applicable to the State of Haryana. The appellants, therefore, deserved to be treated at par with other Government servants of the State of Haryana. Though the petitioners made various representations to the second respondent for grant of pension, gratuity and retrial benefits, no action was taken by the Corporation. They were, therefore, constrained to approach the High Court by filing a writ petition. A prayer was made to declare that the petitioners were entitled to pensionary benefits as admissible to employees of Haryana Government and to issue a writ of mandamus directing respondent no.2 to extend such benefits to them. An affidavit was filed on behalf of the Administration, inter alia contending that the petitioners were not entitled to benefits as available to Government employees. According to the Administration, the petitioners could not be said to be Government employees. They were governed by Act of 1971 and their service conditions were regulated by the said Act and the Rules made thereunder. Under that Act, they were entitled to Contributory Provident Fund which was paid to them. It was, therefore, prayed that they had no cause of action against the respondent and the petitions were liable to be dismissed.;