Steel Authority Of India Ltd. v. Sunil Kumar Gejbhiye And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP No.872 of 2004 Steel Authority of India Limited through Managing Director, Bhilai Steel Plant, Bhilai, Distt.Durg (CG) ----Petitioner

Versus

1A. Smt. Nisha Gajbhiye, W/o Late Shri Sunil Kumar Gajbhiye, Aged about 37 years, 1B. Ku. Diksha Gajbhiye, D/o Late Shri Sunil Kumar Gajbhiye, aged about 16 years, 1C. Smt. Shanti Bai, mother of late Shri Sunil Kumar Bajghiye, aged about 64 years, All Resident of Station Para, Ward No.10, Rajnandgaon, Distt.Rajnandgaon (CG)

2. Industrial Court Chhattisgarh at Raipur

3. The Presiding Officer, Labour Court, Durg (CG) ---- Respondents For Petitioner :

Mr.Kasif Shakeel, Advocate For Res.1A to 1C :

Mr.Alok Nigam, Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 28/08/2017 1.

Respondent No.1 was terminated from service on the ground of unauthorized absence. He challenged the order of termination to the Labour Court. The Labour Court by order dated 8.10.2002 directed to be reinstated but without back wage. Appeal preferred by the petitioner remained unsuccessful. Thereafter, the petitioner has challenged the order of the Industrial Court before this Court by filing the writ petition on 15.3.2004.

2.

It was informed to the Court on 12.9.2008 that the Steel Authority of India had complied with Section 65(3) of the Chhattisgarh Industrial Relations Act, 1960 and last wages drawn was paid to Shri Sunil Kumar till his death on 14.9.2009.

3.

Since Shri Sunil Kumar has died on 14.9.209 and till his death regular salary was paid to him and order of reinstatement was without back wages, determination of lis will have no positive effect. Therefore, no lis survives for consideration in the present writ petition. Accordingly, it is closed.

Sd/- (Sanjay K.Agrawal) Judge B/-