Mr.A.M. Prasad v. The Addl. Industrial Tribunal Cum-Addl. Labour Court

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No. 20399 of 2002 ORDER:

This writ petition is filed seeking to issue a writ of certiorari calling for the record relating to and connected with I.D.No.67 of 1996 on the file of the 1st respondent-Labour Court and quash the order dated 19.09.2001 passed in the said I.D. wherein no relief was granted to the petitioner, holding it as illegal and arbitrary. Learned counsel for the petitioner has contended that the petitioner was seeking reinstatement into service with full back wages and attendant benefits and during pendency of the writ petition, he has attained the age of superannuation and subsequently he has expired and his legal representatives have been brought on record vide orders dated 27.01.2009. He further contended that in view of the subsequent developments, appropriate orders may be passed directing the respondent corporation to pay the service benefits of the deceased petitioner for the service rendered by him prior to his removal from service, to his legal representatives.

Having considered the submissions made by the learned counsel for the petitioner and perused the record, I am of the view that the legal representatives of the deceased petitioner are entitled for the benefits for the service rendered by the deceased petitioner prior to his removal from service. Accordingly, the writ petition is disposed of directing the 2nd respondent corporation to pay the service benefits of

the deceased petitioner for the service rendered by him prior to his removal from service, if not already paid, to his legal representatives, in accordance with the Regulations, within a period of four (4) weeks from the date of receipt of a copy of this order. Consequently, miscellaneous petitions, if any, pending in the writ petition shall stand closed. No order as to costs. ______________________________ ABHINAND KUMAR SHAVILI, J 12th December, 2018 cbs

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI Writ Petition No. 20399 of 2002 (disposed of) 12th December, 2018 cbs