- (1.) The present appeal by the workman under Clause X of the Letters Patent is directed against the order passed by the learned Single Judge on August 19, 2004, whereby the management was directed to pay last drawn wages to the workman from the date of filing of the writ petition. The entire arrears from the date of filing of the writ petition were also ordered to be paid to the workman within a period of one month from the date of said order.
(2.) The learned Labour Court vide its award dated 30.1.2004 found that the order of terminating the services of the appellant is illegal. The appellant was ordered to be reinstated with continuity of service and full back wages. The said award is subject matter of challenge by the management in Civil Writ Petition No. 7375 of 2004. In the said writ petition, a prayer was made for stay of the said award. The writ petition was admitted for hearing on 13.5.2004 by a Division Bench of this Court but no ad interim order was granted. Subsequently, the management filed a Civil Miscellaneous application No. 10450 of 2004 for stay of the award which was dismissed by the learned Single Judge of this Court on 10.6.2004 when the following order was passed :- "Even though prayer for stay was not granted by the Motion Bench when writ was admitted. No occasion, thus, arises to stay operation of the award dated 30.1.2004, Annexure P-15. Dismissed."
(3.) The management filed a Special Leave Petition before the Hon'ble Supreme Court challenging the order dated 13.5.2004 and 10.6.2004 and for stay of the award dated 30.1.2004. The said Special Leave Petition was dismissed on 19.7.2004 when the following order was passed :- "The main grievance of the learned counsel appearing for the petitioner in this case is that the Court below had not secured the interest of the company while refusing the interim order. If that be so, it is open to the petitioner to make suitable application before the High Court to protect its interest by seeking directions against the respondent to furnish security or putting him on terms as the Court deems fit. The special Leave Petitions are dismissed.";