DARSHAN SINGH, J. - (1.) CM No.1185-LPA of 2016 This application has been moved under Section 5 of the Limitation Act, 1963 read with Section 151 of the Code of Civil Procedure, 1908 for condonation of delay of 10 days in filing the present appeal. Heard on the application. In view of the reasons mentioned in the application, the same is allowed and the delay of 10 days in filing the present appeal is hereby condoned. LPA No.562 of 2016 The present appeal has been preferred against the order dated 01.02.2016 whereby the Civil Writ Petition No.12361 of 1994 filed by the appellant has been dismissed by the learned Single Judge.
(2.) The appellant has filed the writ petition for giving direction to the respondent-corporation to give salary to the petitioner with effect from 16.04.1991 with continuity of service along with interest.
(3.) The appellant joined the service of respondent-corporation as an Accountant in the year 1975. He submitted his resignation on 03.08.1983. The said resignation was withdrawn by him on 26.06.1984 and requested the respondent-corporation to allow him to join the duties, which was not allowed. He raised the industrial dispute, which was referred to the Labour Court, Union Territory, Chandigarh. The Labour Court, UT, Chandigarh vide award dated 11.09.1987 ordered his reinstatement with continuity of service without back wages. He filed the writ petition No.7154 of 1987 for grant of full back wages as there was no reason to deny him the back wages. This Court vide order dated 07.04.1989 left the matter to be decided by the Labour Court the claim of the petitioner with respect to back wages under Section 33 of the Industrial Dispute Act, 1947. The petitioner moved the application under Section 33-C(2) of the Industrial Dispute Act before the Labour Court, UT Chandigarh. The Labour Court vide order dated 05.02.1991 held the applicant-appellant entitled to the back wages right from 26.06.1984. He was also held entitled to interest at the rate of 12% on the due amount. The respondent-corporation challenged the said order of the Labour Court by filing the writ petition No.4906 of 1991. He was allowed to join the duties as an Accountant from 16.04.1991. But he was not paid the salary with continuity of service. So, he moved the Civil Miscellaneous application No.3902 of 1994 in Civil Writ Petition No.4906 of 1991, which was dismissed by this Court being not maintainable on 01.08.1994. On 18.03.1994, the respondent-corporation fixed the salary of the petitioner but on the lower side. His juniors were getting more salary. He was also not awarded the interest. Hence, the petition.;