& Anr Vs. Ladulal Mali  INSC 187 (5 February 1996)
K.Ramaswamy, K.G.B. Pattanaik (J)
JT 1996 (2) 580 1996 SCALE (2)404
O R D
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.
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. vs. Sohan Lal [S.B.C.R. No.623/93] decided on 26th October, 1993 set
aside the order of the executive Court and directed payment of the back-wages. Thus
this appeal by special leave.
not in dispute that the decree does not contain payment of back-wages. Only
declaratory relief has been granted. Shri Gaur, the learned counsel appearing
for the respondent contended that when the batch was disposed of by this Court
on December 16, 1994, this Court had directed payment of
40% of the back-wages. The respondent is accordingly entitled to the same
relief. We find from the order of this Court that there as no such indication.
It would appear that in some cases, there was a declaration to grant
consequential monetary reliefs. In the batch when this Court had disposed of
the matters obviously the relief of back-wages related to those cases.
Consequently, this Court limited payment of back-wages to the extent of 40%. It
is settled law that executing Court cannot go behind the decree. In view of the
fact that the decree contained only a declaratory relief without any
consequential payment of monetary benefits, the executing Court was right in
refusing to grant the relief. The High Court was, therefore, clearly in error
in directing payment of back-wages.
appeal is accordingly allowed. No costs.
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