- (1.) There are three aspects to this petition. The first relates to the adjustment of the petitioner's dues on account of the salary paid to the petitioner pursuant to an interim order of a Division Bench of this court. The second aspect covers the adjustment of occupation charges or damages or mesne profits against the terminal dues of the petitioner. The third aspect pertains to the pay scale relevant for the pension that the petitioner is entitled to.
(2.) Pursuant to a disciplinary action instituted by the Port Trust against the petitioner, an order of punishment of compulsory retirement was passed on December 10, 1987. The petitioner challenged such order in court and on June 1, 1990, the order of punishment was set aside and the petitioner was reinstated in service. The employer preferred an appeal from the order of June 1, 1990. An interim order was passed in the appeal on December 9, 1990, the material part whereof is as follows: "At the invitation of the Learned Counsel for the appellants and after hearing the Learned Counsel for Respondent No.1 Court passes the following order : "Respondent No.1 will be regularly paid his salary and allowances but he shall not join duty till the appeal is heard and decided. "The order is passed without prejudice to the rights and contentions of the parties. "The application is disposed of in terms of the foregoing order. ... "
(3.) The appeal ultimately succeeded and, by an order of October 15, 1997, the order of June 1, 1990 was set aside. It is necessary to see the operative part of the final appellate order: "For the reasons aforementioned the impugned order cannot be sustained which is accordingly set aside. The appeal is allowed and the writ petition of the first respondent is dismissed but there will be no order as to costs." ;