JUDGMENT :

Abhay Manohar Sapre, J.

1. This appeal is directed against the final judgment and order dated 12.02.2008 of the High Court of Judicature for Rajasthan at Jaipur in D.B. Special Appeal (Writ) No. 912 of 1998 whereby the Division Bench of the High Court dismissed the appeal filed by the appellant herein and upheld the order dated 14.07.1998 passed by the Single Judge of the High Court in S.B. Civil Writ Petition No.5534 of 1996.

2. Few facts need to be mentioned infra for the disposal of the appeal, which involves a short issue.

3. The short question, which arises for consideration in this appeal, is whether the Courts below, namely, the High Court and the Labour Court were justified in awarding full back wages to the deceased workman (now represented by his legal representatives the respondents herein) after setting aside his dismissal order holding it to be bad in law and, in consequence, directing his reinstatement in service of the appellant.

4. The appellant is a State Road Transport Corporation for the State of Rajasthan. The deceased–Phool Chand was in the employment of the appellant as a driver.

5. The appellant dismissed Phool Chand from the service after holding depart