SREE MAHADEVA EDUCATIONAL TRUST Vs. LATHA T K

JUDGEMENT

(1.) This is an appeal against an interim order passed by the learned Single Judge in WP(C) No.2638/2006 dated 19thof March 2007. The writ petition was filed by first respondent challenging restricted relief granted by Ext.P4. By that order, though the petitioner was ordered to be reinstated, back wages was refused. But the reinstatement ordered as per Ext.P4 was however not implemented. Hence he sought appropriate direction seeking to implement the order of reinstatement. The management on the other hand filed WP(C) No.630/2006 challenging Ext.P4 order.But no interim stay was granted. The learned Single Judge after hearing the matter thought fit that, pending further consideration of the matter, provisionally ordered that Ext.P4 should be implemented and directed the appellant herein to reinstate the 1st respondent into service. Aggrieved thereby, this appeal is preferred.

(2.) The learned counsel appearing on behalf of the appellant submitted that since one of the prayers in the writ petition is for implementation of Ext.P4 order, the same could not have been granted by way of interim relief. But the learned counselappearingfor therespondentswould submit thatthis is only one of the several reliefs prayed for in the writ petition filed by him.Further,the Courthas notpassed anyinterimorderin favour of the management in the writ petition filed by them.It is after taking into consideration of the hardship that will be caused, in case there is further delay in passing orders that pending further consideration, the present order is passed.

(3.) We have heard both sides.