Order

Arijit Pasayat, J.—Challenge in this appeal is to the judgment rendered by a learned Single Judge of the High Court of Rajasthan, Jaipur Bench.

2. Factual position in a nutshell is as follows:

Challenging the order of termination passed by the appellant-Corporation, the respondent (hereinafter referred to as ‘the Employee’) filed a suit for declaration that the termination is bad. The suit was decreed on 03.05.1987. It was held that the order of termination was void ab-initio and non est and that the plaintiff-respondent is in continuity of service of the Corporation. The respondent-employee filed two execution applications. The first one was for salary for the period from January, 1982 to May, 1987. The subsequent execution application was for salary from July, 1987 to March, 1988. It is only the legality of the execution proceedings for the period from April, 1988 to March, 1997 which is in dispute. According to the appellant-Corporation, there was no direction for back wages and merely because the plaintiff managed to get some amount by executing a decree for the previous period, that will not entitle him in law to get back wages for a period during which he had not worked a