Sharma, J. - (1.) Special leave is granted.
(2.) The service of the respondent, who was engaged as a clerk-cum-typist on daily wage by the appellant-Himachal Pradesh Road Transport Corporation, was terminated on 18-1-1978. He challenged the termination by a writ petition before the High Court. On hearing the parties, the writ application was allowed by the judgment dated 31-7-1989 setting aside the termination of service of the respondent and declaring him to be entitled to monetary relief for the period during which he had actually worked under the appellant Corporation. This judgment became final. The respondent, on 8-5-1991 filed another application in the disposed of writ petition praying for further relief. He claimed monetary compensation also for the period during which he had not actually worked for the Corporation as a result of the termination of his service. By the impugned order dated 3-12-1991 the High Court has allowed this additional relief and the same has been challenged by the Corporation in the present appeal.
(3.) It has been contended on behalf of the appellant that the claim of the respondent for the entire period was considered by the High Court at the time of the final disposal of the writ petition and having regard to the facts and circumstances of the case the High Court by its judgment dated 31-7-1989 rejected the same and directed payment of wages only for the period for which he had actually worked. This question, therefore stood finally disposed of against the respondent and the High Court became functus officio.;