- (1.) THE special appeal arises from a judgement of the learned Single Judge dated 08 September 2014, by which a writ petition1 that was filed by the appellant under Article 226 of the Constitution has been dismissed.
(2.) THE spouse of the appellant was engaged as a driver by the first respondent. He was suspended from service pending a departmental enquiry when certain parts of the bus, which were in his charge, were found to have been stolen when the bus had suffered a breakdown on a journey from Nihtaur to Delhi. The workman was dismissed, after enquiry, from service on 20 August 1999, following which an industrial dispute was raised.
(3.) THE Labour Court came to the conclusion that the enquiry had not been conducted in a fair and transparent manner and directed reinstatement with backwages. The award of the Labour Court was challenged in writ proceedings2 by the first respondent. During the pendency of the writ proceedings, it is not in dispute, the workman was 1 Writ -A No. 47885 of 2014 2 Writ -C No. 24508 of 2000 granted wages under Section 17 -B of the Industrial Disputes Act, 19473. The writ petition filed by the first respondent was dismissed by a learned Single Judge of this Court on 16 January 2012. A Special Leave Petition4 was dismissed by the Supreme Court on 28 April 2014. Before this Court, it is not in dispute that following the dismissal of the writ petition and the special leave petition, the appellant's spouse has been granted the payment of backwages as directed. The workman died in the meantime. The appellant filed a fresh writ petition claiming interest at the rate of 12% per annum or, damages from the date of suspension until the payment of the backwages in pursuance of the award of the Labor Court. The writ petition has been dismissed by the learned Single Judge with the following order, which we quote herein below: "This writ petition has been filed seeking interest on the award rendered by the Labour Court, Rampur on 29.11.1999. The petition is wholly misconceived and is accordingly dismissed. This order has been passed in presence of Shri S.K. Mishra, learned counsel appearing for the respondents." ;