- (1.) HEARD counsel for the parties and perused the record. By order dated November 5, 2007 Lalji sinha, counsel for the petitioners wanted to confirm whether the decree has been executed for non-compliance of the order or whether the amount has been deposited and prayed that the matter be heard on the next date. On (sic) his request the matter has been listed today. The order dated November 5, 2007 is as under: "heard. The respondent-workman was working as driver in the North East Railway. He was suspended for certain misconduct on january 16,1966 and subsequently removed from service. A suit was filed by him challenging the order of removal, which was decreed by Additional District Judge by order dated April 25, 1979. It appears that the petitioner had filed a application dated April 7, 1980 before the authority appointed under the Payment of wages Act under Section 15 of the Act claiming Rs. 16,000/- as wages with direction to respondents to pay Rs. 80,066. 10 p. and Rs. 16333. 70 p. as compensation which was allowed vide order dated May 16, 1984. The petitioner No. 1 preferred an appeal under Section 17 of the Act before the district Judge against the aforesaid order/direction dated May 16, 1984 of the prescribed Authority. The workman also preferred an appeal against the order/direction. Both the appeals were considered and decided by order dated July 9, 1985. The District Judge has held that the workman was not entitled to remaining allowance during the period of his; suspension. The petitioner preferred S. A. No. 1951 which was connected with present w. P. No. 15996/1985 filed against the order/direction dated May 16, 1984 and July 9, 1985. In the Second Appeal, the appellants prayed that the operation of the decree of the Court below be stayed and/or pass such other and further order which this Court may deem fit and proper in the circumstances of the case. The Court vide order dated December 18, 1979 granted further time to deposit the amount. The order dated December 18,1979 is as under: "heard learned counsel. In the circumstances, the money required to be deposited under the Court's order dated july 30, 1979 may be deposited latest by january 5, 1980. If the money is so deposited, the stay order shall continue to operate. If the money is not deposited by january 15, 1980, the decree shall be executable forthwith without any further reference to this Court. "
(2.) THE W. P. No. 15996/1985 Connected with the aforesaid second appeal praying for quashing the order dated May 16, 1984 and July9,1985 i. e. the order of removal, is listed today. "the second appeal is of the year 1979 and the writ petition, which is listed today before this Court is of the year 1985. Both are old cases. Lalji Sinha, advocate, states that he may confirm Whether the decree has been executed for non-compliance of the order or whether the amount has been deposited and prays that the matter may be then heard on the next date. As prayed, list in the next cause list. "
(3.) LALJI Sinha, counsel for the petitioners has confirmed in compliance of the order of this court dated November 5, 2007 aforesaid that the amount has not at all been deposited by the railway which was awarded by the Prescribed authority appointed under the Payment of wages Act directing them to pay a sum of Rs. 80,066. 10 paise towards wages and Rs. 16,333. 70 paise as compensation.;