1996 JTR(SC) 274
1997 2 AllCJ 1040 ; 1996 1 CCC(SC) 271 ; 1996 1 CurCC(SC) 271 ; 1996 2 JT 580 ; 1996 2 MLJ 23 ; 1996 2 Scale 404 ; 1996 8 SCC 37 ; 1996 SCC(L&S) 820 ; 1996 2 SCR 143 ; 1996 2 SCT 601 ; 1996 2 SLR 39 ; 1996 1 UJ 672 ; 1996 1 UPLBEC 649 ; 1996 2 Supreme 384
1996(2) SUPREME 384
SUPREME COURT OF INDIA
K. Ramaswamy and G.B. Pattanaik, JJ.
R.S.R.T.C. & Anr. -Appellants
versus
Ladulal Mali -Respondent
Civil Appeal No. 3614 of 1996
(Arising out of SLP (C) No. 21874 of 1994)
Decided on 5-2-1996
IMPORTANT POINT
Where decree contained only a declaratory relief of reinstatement without any consequential relief, the executing court was right in refusing to grant back wages.
Act
Referred
:CIVIL PROCEDURE CODE : S.38, S.47
CONSTITUTION OF INDIA : Art.136
SPECIFIC RELIEF ACT : S.34
A) Relevant laws and sections are not explicitly cited in the judgment.
B) An executing Court cannot go behind the decree; only declaratory relief granted without consequential monetary benefits, back-wages not payable by execution Court.
Facts of the case:
Service of the respondent was terminated, declared illegal by lower court, high court allowed execution petition for back-wages relying on other cases, this Court reviewed the order.
Findings of Court:
Decree contained only declaratory relief without monetary consequences; earlier batch had directed 40% back-wages; executing Court erred in directing back-wages.
Issues:
Whether an executing Court can grant back-wages when decree contains only declaratory relief without consequential monetary benefits.
Ratio Decidendi:
Executing Court must adhere to the decree; cannot award back-wages where decree is silent on monetary relief; back-wages allowed only if decree includes such relief.
Result:
Appeal allowed, no costs.
A) Relevant laws and sections are not explicitly cited in the judgment.
B) An executing Court cannot go behind the decree; only declaratory relief granted without consequential monetary benefits, back-wages not payable by execution Court.
Facts of the case:
Service of the respondent was terminated, declared illegal by lower court, high court allowed execution petition for back-wages relying on other cases, this Court reviewed the order.
Findings of Court:
Decree contained only declaratory relief without monetary consequences; earlier batch had directed 40% back-wages; executing Court erred in directing back-wages.
Issues:
Whether an executing Court can grant back-wages when decree contains only declaratory relief without consequential monetary benefits.
Ratio Decidendi:
Executing Court must adhere to the decree; cannot award back-wages where decree is silent on monetary relief; back-wages allowed only if decree includes such relief.
Result:
Appeal allowed, no costs.
ORDER
Leave granted.
2. We have heard the learned counsel for the parties. This appeal by special leave arises from the order dated March 18, 1994 made by the learned single Judge in Revision Petition No. 604 of 1993. The appellants had terminated the service of the respondent on December 7, 1983. On appeal, it was confirmed. When a suit was filed, the District Munsif by decree dated November 12, 1990, declared that the order of termination as well as the order of the appellate authority were illegal, void and against the principle of natural justice. The respondent had filed Execution Petition No. 2/91 for reinstatement. The executing Court dismissed the Execution Application on December 4, 1992 holding that suit of the plaintiff against the respondent is for declaration. Therefore, he is not entitled to the back-wages. On a revision filed, the High Court relying upon the decision of the High Court in Rajasthan State Road Transport Corpn. & Ors. v. Sohan Lal1 set aside the order of the executive Court and directed payment of the back-wages. Thus this appeal by special leave.
3. It is not in dispute that the decree does not contain payment of back-wages. Only declaratory relief has been granted. Shri Gaur, the learned counsel appearing for the respondent contended that when the batch was disposed of by this Court on December 16, 1994, this Court had directed payment of 40% of the back-wages. The respondent is accordingly entitled to the same relief. We find from the order of this Court that there is no such indication. It would appear that in some cases, there was a declaration to grant consequential monetary reliefs. In the batch when this Court had disposed of the matters obviously the relief of back-wages related to those cases. Consequently, this Court limited payment of back-wages to the extent of 40%. It is settled law that executing Court cannot go behind the decree. In view of the fact that the decree contained only a declaratory relief without any consequential payment of monetary benefits, the executing Court was right in refusing to grant the relief. The High Court was, therefore, clearly in error in directing payment of back-wages.
4. The appeal is accordingly allowed. No costs.
Appeal allowed.
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