PYARE LAL Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) THE petitioner, a lower Division Clerk in the Haryana State Electricity Board, impugns the award of the Labour Court by which his challenge to the order of punishment was rejected and claims a writ in the nature of mandamus directing the Board to restore his two increments stopped vide order dated August 18, 1981. He also claims full wages for the period during which he remained under suspension viz. January 18, 1979 to November 18, 1979.

(2.) THE Board contests the petitioner's claim primarily on the ground that he had filed a civil suit on February 25, 1983 for declaration that the suspension and stoppage of the annual increments of the plaintiff is illegal and -. . . . . . . is entitled for damages, cost of the suit and two annual increments with full back wages of suspension period. . . . ". This suit was dismissed by the Civil Court vide judgment dated December 22, 1984. The petitioner's claim having been declined by the civil Court and he having allowed the judgment and decree to attain finality, the labour Court as well as this court cannot now interfere in the matter and grant the same reliefs to the petitioner.

(3.) ON the other hand, Mr. O. P. Sharma, learned counsel for respondent No. 2 submits that the decree of the civil court having attained finality, the petitioner is not entitled to any relief.