K.RAMASWAMY, G.B.PATTANAIK
Rajasthan State Road Transport Corporation – Appellant
Versus
Ladulal Mali – Respondent
ORDER
Leave granted.
2. We have heard the learned counsel for the parties. This appeal by special leave arises from the order dated March 18, 1994 made by the learned single Judge in Revision Petition No. 604 of 1993. The appellants had terminated the service of the respondent on December 7, 1983. On appeal, it was confirmed. When a suit was filed, the District Munsif by decree dated November 12, 1990, declared that the order of termination as well as the order of the appellate authority were illegal, void and against the principle of natural justice. The respondent had filed Execution Petition No. 2/91 for reinstatement. The executing Court dismissed the Execution Application on December 4, 1992 holding that suit of the plaintiff against the respondent is for declaration. Therefore, he is not entitled to the back-wages. On a revision filed, the High Court relying upon the decision of the High Court in Rajasthan State Road Transport Corpn. & Ors. v. Sohan Lal1 set aside the order of the executive Court and directed payment of the back-wages. Thus this appeal by special leave.
3. It is not in dispute that the decree does not contain payment of back-wages. Only declaratory relief has
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