- (1.) The above appeals have been filed against the order of a division bench of the High Court of Punjab and Haryana in c. W. P. Nos. 5566 of 1993 and 15674 of 1992 whereunder the High Court has passed the following order: "These appeals will stand dismissed accordingly. The learned counsel for the union of India could not point out any distinguishing feature in the instant cases for not applying the ratio of the apex court's judgment in civil appeal nos. 4688-94/89 and 2674-85/89. Respectfully following the rule of law laid down by the apex court in civil appeal nos. 4688-94/89 and 2674-85/89, we do not think the arbitrator was in error in allowing solatium and interest to the petitioners in the instant cases. The award of the arbitrator so far as solatium and interest has been allowed to the claimant-petitioners is fair, just and unexceptional. The respondents are directed to release all the payments payable under the award to the petitioners within three months from today, failing which they would be liable to pay interest at the rate of 18% per annum on the amount. "
(2.) Heard the learned counsel appearing on either side.
(3.) It is contended for the appellants that the order of the High Court could not be sustained for the reason that when the appeals against the very determination of the compensation are pending and the stay petitions filed are still pending along with the appeals, (though no interim orders as such were granted) the court, in exercise of writ jurisdiction, could not have directed the release of the payments payable under the award which is the subject matter of challenge in the pending appeals before the High Court. Further, it is urged that the court committed a serious error in sustaining the claim for solatium and interest. During the pendency of the appeal in this Court, on 19.3.1999, stay of the impugned order of the High Court was granted on condition that the appellants pay to the respondents 50% only of the enhanced principal amount awarded by the arbitrator.;