R.S.Chauhan, J. - (1.) MR . Bachawat, the learned counsel for the appellant, has contended that the appellant Corporation is liable for leave encashment only for the period in which respondent -plaintiff had worked with them and not for the period for which he had worked with Rajasthan State Agro Industries Corporation Limited. Therefore, the impugned judgment granting a decree and directing the appellant to pay Rs. 1,33,693/ - should be stayed. On the other hand, Mr. Aggarwal, the learned counsel for the respondent -plaintiff, has contended that vide order dt. 29.12.2004, an order issued by the appellant Corporation itself, it had taken the responsibility of paying the leave encashment to employees of the Rajasthan State Agro Industries Corporation. Moreover, it had gone to the extent of stating that even those employees, who have retired from the Rajasthan State Agro Industries Corporation, even their leave encashment shall be paid by the appellant Corporation. According to the learned counsel, the learned Judge has relied upon order dt. 29.12.2004 (Ex. 27) in order to pass the decree. Therefore, he has supported the Impugned judgment.
(2.) HEARD the learned counsel for the parties. Prima facie, a bare perusal of Ex. 27 clearly reveals that the appellant had taken the responsibility of encashing the leave of those employees who were previously employed with the Rajasthan State Agro Industries Corporation. The appellant had even gone to the extent of taking on the responsibility of those employees who had retired from the Rajasthan State Agro Industries Corporation. Obviously, their leave encashment would relate to the period in which they had served with the Rajasthan State Agro Industries Corporation and not with the appellant Corporation. Therefore, the contention raised by the learned counsel for the appellant is belied by the order issued by the appellant itself. Hence, this Court does not find any reason for staying the operation of the impugned judgment. Therefore, the stay application is hereby dismissed.;