SBCWP No.908/05. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.908/2005. Jugal Kishore Gupta Vs. Rajasthan State Road Transport Corporation & Anr. Date of order : November 11, 2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Kamal Sharma for the petitioner. Shri Mukesh Kumar Verma for the respondents. **** BY THE COURT :- This writ petition has been filed with the prayer that respondents be directed to pay retiral benefits such as pension, gratuity, commutation, leave encashment etc. to the petitioner w.e.f. 8/9/1997, when he reached to the age of superannuation, also make payment of salary of the same with interest @24% p.a. According to the petitioner, respondents illegally removed him from service. Petitioner approached the appropriate government which made reference of the industrial dispute to the Labour Court. Labour Court answered the reference vide award dated 16/1/1998 and held the action of the respondents in terminating the services of the petitioner as illegal and directed the respondents to reinstate him with continuity in SBCWP No.908/05. 2 service with 70% back wages. Since termination of the petitioner has been held to be illegal, he is entitled to reinstatement and continuity in the services of the respondents till he attained the age of superannuation. Respondents may be directed to grant him all retiral benefits. Learned counsel for the respondents has opposed the writ petition and submitted that operation of award of the labour court on the basis of which petitioner is claiming all these benefits itself has been stayed vide order of this court dated 8/5/2006 passed in SBCWP No.4224/99 filed by the respondents-RSRTC. Perusal of the aforesaid order indicates that prior to filing of the present writ petition, petitioner even approached the labour court under Section 33(C)(2) of the Industrial Disputes Act, 1947. Labour Court determined the amount to be paid by the respondents which was challenged by the respondents RSRTC before this Court in SBCWP No.4224/99 and this court passed an interim order of stay in the terms that further recovery proceedings pursuant to the award shall remain stayed and the amount computed by the labour court shall be deposited in the fixed deposit which shall be liable to be paid to the winning party subject to final decision of the writ petition. In the circumstances, action of the respondents-RSRTC in not paying the retiral dues to the petitioner cannot be faulted. It is however SBCWP No.908/05. 3 observed that if eventually writ petition filed by the respondents-RSRTC is dismissed, petitioner would be entitled to file a fresh writ petition claiming all these benefits as also interest thereon for the period of delay. The writ petition is accordingly disposed of. (MOHAMMAD RAFIQ), J. anil