DB Civil Special Appeal (Writ) No. 600/2008 in SB Civil Writ Petition No. 6461/99 Director, Doordarshan Kendra, Jhalana Doongari, Jaipur Versus Jagdish Chand 6.2.2009 Hon'ble Mr Justice Ashok Parihar Hon'ble Mr Justice GS Sarraf Mr Vedpal Shastri Mr RG Chaudhary – for appellant Mr Rajneesh Gupta – for respondent BY THE COURT: After hearing learned counsel for the parties, we have carefully gone through the material on record. The writ petition was filed by the respondent with the following prayers:- “i) direct the respondent to continue the services of the petitioner as per the award dated 18.4.1998 passed by the Central Industrial Tribunal in CITR No. 107/1989. ii) to quash and set aside letter /order dated 5.8.99. iii) direct the respondent to prepare a seniority list in accordance with the Industrial Disputes Rules 1958 all of the existing workmen and assign proper seniority to the petitioner. iv)The back wages accrued in favour of the petitioner may also be awarded to the petitioner along with the cost of the writ petition.” The above prayers show that apart from seeking compliance of the earlier award passed by the Industrial Tribunal, the challenge has also been made to the subsequent orders passed by the appellant. The learned Single Judge, without going into the merits and the legality and validity of the subsequent orders passed, issued directions only to comply with the award passed by the Tribunal, whereas, admittedly, in compliance of the award passed by the Tribunal, consequential order had been passed and back wages, as awarded by the Tribunal, had also been paid to the respondent. Since legality and validity of the order dated 5.8.1999 passed by the appellant consequent to the award passed by the Tribunal has not been decided by the learned Single Judge, we deem it just and proper to remand the case to the learned Single Judge to decide the writ petition afresh after hearing both the sides on merits so far as legality and validity of the order dated 5.8.1999 is concerned. Accordingly, the appeal is allowed. Impugned order dated 11.3.2008, passed by the learned Single Judge, is set aside and the matter is remanded back to learned Single Judge as observed above. The learned Single Judge is requested to decide the matter afresh as expeditiously as possible. (GS Sarraf) J. (Ashok Parihar) J. bnsharma