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High Court for State of TelanganaWP/5622/2008dismissed

The Depot Manager, Anantapur District v. P. Thippaswamy, Ananthapur And Another

2018-10-24Abhinand Kumar Shavili2 pages

THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.5622 of 2008 ORDER:

When the matter is taken up for hearing, it is brought to the notice of this Court that the 1st respondent-workman had expired during pendency of this Writ Petition and the petitionerCorporation had not taken any steps to bring the legal representatives of the deceased employee on record. Moreover, even on merits, the petitioner-Corporation is challenging the order, dated 28.11.2006, passed by the Industrial Tribunal in I.D.No.127 of 2003, in favour of the 1st respondent-workman and during pendency of this writ petition, the petitioner-Corporation reinstated the 1st respondent-workman into service and after reinstatement, the 1st respondent-workman expired. The petitioner-Corporation has complied with the orders passed by the Industrial Tribunal. At this stage, this Court cannot decide the case on merits in the absence of the 1st respondent-workman, who expired. 3.

In view of the same, the Writ Petition is dismissed. It is needless to say that the benefits to which the 1st respondentworkman is entitled, be paid by the petitioner-Corporation to the legal representatives of the deceased 1st respondent-workman, within a period of four (4) weeks from the date of receipt of a copy of this order.

Miscellaneous petitions pending if any, shall stand closed. There shall be no order as to costs.

________________________________ ABHINAND KUMAR SHAVILI, J OCTOBER 24, 2018 YVL

THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.5622 of 2008 Date:24.10.2018