(MOREPIC1) Chandigarh (Subhash Jindal)
High Court directs the Postal Department to release the fee bills of ex-Senior Panel Counsel of Union of India along with interest at 6 per cent per annum.
An interesting question pertaining to the rate at which the fee is payable to the Government Counsel for appearing before the Deputy Labour Commissioner (Central) in the cases pertaining to the Department of Post, came up for hearing before a Bench of High Court comprising Justice Raj Mohan Singh.
(SUBHEAD)The Petitioner-Vikram Bajaj ex-Senior Panel Counsel of Union of India for the High Court had filed the instant Civil Writ Petition, for directing the Department of Post to release the balance of his fee, in regard to his two fee bills submitted by him for appearing before the Deputy Labour Commissioner (Central) on behalf of the Department of Post. The grievance of the petitioner was that the Senior Panel Counsels of Union of India, for the High Court, are treated in Category B for the purpose of fee structure, whereas, the Government standing counsels who appear in the District Courts etc., are categorized as Group-E Counsels for the purpose of payment of fee to them.
The precise grievance of the petitioner was that he was deputed by the Department of Post for appearing before the Deputy Labour Commissioner (Central), on behalf of the Department of Post. However, against the fee bill submitted by him in accordance with the rates at which the fee is payable to Senior Panel Counsel for the High Court, those bills were slashed down considerably and he was paid the fee as per the rates at which is meant to be paid to the Government counsels for the District/Subordinate Courts. Aggrieved against the aforesaid conduct of the Department of Post, the petitioner filed the instant Civil Writ Petition in the High Court.
While allowing the writ petition and issuing direction to the respondents to pay the balance fee to the petitioners, at the rates applicable to Category B (i.e. Senior Panel Counsel for the High Court) along with interest at the rate of 6 per cent per annum, the High Court bench comprising Justice Raj Mohan Singh, held that in three earlier cases namely those of Joginder Singh, Harbhajan Singh and Harkewal Singh, the petitioner was paid fee at the rates applicable to Category B (i.e. Senior Panel Counsels in High Court).
Otherwise too, in another case of Lambar Ram also, initially the petitioner was paid lesser amount of fee, at the rates meant for Category E, but later on, on receipt of a representation from him, the petitioner was paid the balance fee also by treating his entitlement in Category B. T
he High Court also observed that the office of Deputy Labour Commissioner (Central), is a big office and the said authority is a quasi-judicial authority, and there is no provision in the Government memorandum dated 01.10.2015 as to at what rate the fee is to be paid to the Advocates, who appear before the said authority.
In the circumstances, the High Court Bench directed the Union of India to pay the legal fee of the petitioner by treating him in Category B, for those cases in which he had appeared before the Deputy Labour Commissioner (Central), Chandigarh, alongwith interest at the rate of 6 % from the date on which the amounts ell due till the date of realization of the amounts.
