KULBIR SINGH Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) In view of later Full Bench judgment in Radha Ram Vs. Municipal Committee, Barnala, 1983(1) S.L.R. 151 , the petitioner is entitled to claim back wages right from the date of passing of termination order and not limited to38 months prior to the filing of the suit.

(2.) The counsel for the State insisted that on the basis of Jagdish Mitter Vs. The Union of India, 1969 Cur. LJ. 404 arrears of 38 months prior to the date of the suit could only be awarded. The learned counsel was not right in his submission because if the decree had been that the order of termination was illegal, then only such an argument was available, but here the finding recorded was that the termination was null and void. If that is so, no question of limitation will arise.

(3.) For the reasons recorded above, the revision is allowed and the respondents are directed to pay the arrears from the date of passing of the termination order till he is reinstated. In case, he has already been paid arrears upto the period of 38 months prior to the filing of the suit, the remaining should be paid within three months from today. No costs. Revision allowed.