DIRECTOR RURAL DEVELOPMENT KASHMIR Vs. ABDUL QAYOOM DAR

JUDGEMENT

(1.) The instant appeal under Clause 12 of the Letters Patent Rules by the Director Rural Development Depart ment, Kashmir, is directed against or der dated 25.05.2010 passed by the learned Single Judge while disposing of CMP no. 1652/2008. The learned Single Judge has directed that the workman-respondent is entitled to full back wages from his employer, as last drawn by him, inclusive of mainte nance allowance admissible in terms of service conditions till final disposal of the writ petition.

(2.) It is appropriate to mention that award dated 15.11.2006 has been chal lenged by the appellant in writ petition, OWP no. 66/2007. The writ petition has been admitted and the operation of the award has been stayed vide order dated 15.02.2007 by the learned Single Judge (Annexure-B). After the operation of the award was stayed, the workman-re spondent filed an application with a prayer for payment of back wages, as last drawn by him. The application was supported by an affidavit and in para no.3 of the application it has been spe cifically averred that the applicant-workman has not been gainfully em ployed and, therefore, as a necessary sequel to the stay of the award re-in stating him, back wages under Section

(3.) We have heard the learned coun sel for the parties and are of the view that the appeal is without merit and is thus required to be dismissed.