RAKESH TIWARI, J. - (1.) HEARD learned counsel for the parties arid perused the record.
(2.) WRIT Petition No. 13893 of 1985 was filed by the Department, i.e., U.P. State Road Transport Corporation challenging the validity and correctness of the award dated 31.1.1985. The petitioner filed this cross writ petition, i.e., Writ Petition No. 11792 of 1985 challenging the same award on the ground that he could not be treated differently than Sri Viranji Lal, Driver whose offence was more serious. The Court while dictating judgment madvertently overlooked the relief sought in the writ petition filed by the workman for grant of wages from the date; of suspension to the date of order passed by the Labour Court. It is submitted that the judgment in Writ Petition No. 13893 of 1985 was wrongly placed on record of this Writ Petition No. 11792 of 1985 as the, judgment; governed the facts of Writ Petition No. 13893 of 1985 and as such there is no order on merits of Writ Petition No. 11792 of 1985 filed by the petitioner claiming wages from the date of his suspension to the date of the Labour Court award. By the judgment dated 14.10.2003 passed in the present Writ Petition No. 11792 of 1985 the writ petition was dismissed and it was provided that the Corporation would pay the back wages of the petitioner iron1 the date of the award till he had worked, if he had not already been paid the same, with interest at the rate of 10% per annum The Court had also dismissed the Writ Petition No. 13893 of 1985 filed by the Corporation against the award finding no illegality or infirmity in the award. The only question which was before the Court in the present Writ Petition No. 11792 of 1985 filed by theworkman was whether he should be granted the relief of back wages from the date of his suspension to the date of the Labour Court award. The prayer made in the present Writ Petition No. 11792 of 1985 is as under: - 'For the reasons given above and facts disclosed (in) the accompanying affidavit it is respectfully prayed that this Hon'ble Court may be pleased to issue a writ of certiorari quashing the order Annexure II and V and issue such other writ direction or order as this Hon'ble Court may deem fit and proper.' As is clear from the above quoted prayer, it is for the issuance of a writ of certiorari quashing the orders contained in Annexures 2 and 5 to the Writ Petition and such other writ direction or order, as this Court deems fit and proper.
(3.) ANNEXURE 2 is the order of punishment to the following effect: - .........[vernacular ommited text]...........;