High Court allowed under Section 115 CPC a civil revision petition setting aside an execution court order determining payment to a non-petitioner employee affected by subsequent modification of the Tribunal's decree.
Impugned order set aside with direction to re-determine amount payable to non-petitioner employee.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH
S.B. Civil Revision Petition No.132/2004
Shri Sanatan Dharm Shastri Sanskrit Mahavidyalaya & Anr.
Versus
Sunil Kumar Rajoriya & Ors.
DATE OF ORDER : 12 /03/2013 HON'BLE MR. JUSTICE M.N. BHANDARI
Mr. Mahendra Goyal, for petitioner Mr. D.P. Sharma, for respondent
This revision petition is directed against the order dt.09.09.2004 passed by Civil Judge (Junior Division), Lalsot, District Dausa. The order was passed on execution petition for compliance of the order passed by Rajasthan Non-Government Educational Institutions Tribunal, Jaipur. The objection of maintainability of execution petition was decided holding it to be maintainable in the light of amendment in the Act. The determination of the amount with the direction of payment was made. The writ petition against the order of Tribunal was separately preferred by the institution. It has been decided today wherein order of the Tribunal has been modified. The non-petitioner-employee has already been reinstated though offered wages at the daily rated basis. In view of the modification in the order of Tribunal, the determination of amount indicated in the impugned order cannot survive. In view
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of the above, the impugned order is set aside however with direction to re-determine amount payable to the non-petitioner and pass a fresh order.
The revision petition is disposed of with the aforesaid. This disposes of stay application also.
FRBOHRA/132CREV2004.doc
Certificate:
“All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.”
FATEH RAJ BOHRA, P.A.
2 issues framed by the court
Whether the impugned order determining the amount payable survives modification in the Tribunal's order affecting a non-petitioner employee.
Whether the lower court should be directed to re-determine the amount payable to the non-petitioner.
Shri Sanatan Dharm Shastri Sanskrit Mahavidyalaya & Anr.
Sunil Kumar Rajoriya & Ors.
M.N. Bhandari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
