High Court Of ChhattisgarhWPL/5776/2011abated

State Of Chhattisgarh And ORS. v. Doojram

2021-02-11Hon'Ble Shri Justice P. Sam Koshy2 pages

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP(L) No. 5776 of 2011

1. State Of Chhattisgarh Through: the Secretary, Department of Water Resources, D.K.S. Bhawan, Mantralaya Raipur Chhattisgar (The petitioner No. 1 was not a party before the learned Labour Court but has been impleaded as petitioner no. 1 in the instant petition as the proper course is to implead the State Government through the Secretary of the concerned department).

2. Executive Engineer, Hasdeo Nahar Jal Prabandh Sambhag Janjgir, district Janjgir Champa Chhattisgarh.

3. Sub Divisional Officer, Hasdeo Nahar Upsambhag Kramank 2 Janjgir, District Janjgir Champa Chhattisgarh ---- Petitioners

Versus

1. Doojram S/o Firtu Aged 44 years, Ex side helper, R/o Vilage And Post Pendri Tah. Janjgir District Janjgir Champa Chhattisgarh. ---Respondent For State/Petitioner :

Shri Rahul Jha, Govt. Advocate.

For Respondent :

Shri S.P. Kale, Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 11.02.2021 .

1. The challenge in the present writ petition is to the award dated 03.07.2010 passed by the Labour Court, Bilaspur in case No. 05/ I.D.Act /2010 (Ref.).

2. Vide the said award, the Labour Court has granted the relief of reinstatement without back wages to the respondent-employee. The Respondent-employee was reinstated in service on 24.11.2010 since then he has been working.

-23. Today, when the matter is taken up for hearing, Shri S.P. Kale, appearing for the respondent-worker submits that in due course of time pending the present writ petition, the worker was in-fact regularized in service vide order dated 29.02.2020. Further that subsequently on 10.08.2020, the worker involved in this dispute has expired. Shri S.P. Kale further submits that son of the respondentworker has also been granted compassionate appointment by the department.

4. In view of the aforesaid facts and circumstances of the case, this Court is of the opinion that the impugned award at this juncture does not warrant any interference. Moreover, the petition of the State on the death of the worker has abated. The writ petition accordingly stands dismissed affirming the order of the Labour Court so far as the order of reinstatement is concerned.

5. The writ petition at this juncture is dismissed as having abated. Sd/- (P. Sam Koshy) Judge Jyotijha