Metropolitan Transport v. The Presiding Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 04.01.2023

CORAM

THE HONOURABLE Mrs. JUSTICE J.NISHA BANU & M.P.No.1 of 2006 Metropolitan Transport Corporation (Chennai) Ltd. rep. by tis Managing Director, Chennai - 2.

.... Petitioner vs

1. The Presiding Officer Ist Additional Labour Court, Chennai.

2. Tmt.Vishalakshi .... Respondents Writ Petition filed under Article 226 of the constitution of India to issue a Writ of Certiorari to call for the records of the 1st respondent in I.D.No.125/98 dated 8.4.2005 and quash the same. For Petitioner : No appearance For respondents : R1-Court R2- No appearance 1/4

O R D E R

It is seen from the records that an employee, Karikalacholan, who worked in the Transport Corporation filed I.D.No.125/1998 challenging the order of dismissal from service. During the pendency of I.D, the said Karikalacholan died and the 2nd respondent herein, his mother was impleaded in the said I.D. The Tribunal, after consideration of the same, has passed an award directing the petitioner Corporation to pay full backwages and all other attendant benefits to him till the date of his death viz., 15.04.2002. Against which, the petitioner Transport Corporation has filed this writ petition.

2. It is seen from the records that as directed by this Court by order dated 02.12.2022, a report has been filed by the Tamilnadu State Legal Services Authority stating that the 2nd respondent Tmt.Vishalakshi, mother of the deceased employee, also passed away and the same was ascertained through her daughter, K.S.Selvi. She had also stated that Tmt.Vishalakshi has six legal heirs, out of which, 5 are alive including her. 2/4

3. Since the 2nd respondent Visalakshmi died and the Transport Corporation has not taken steps to implead the legal heirs of Visalakshmi and also considering the fact that the matter is kept pending from the year 2006 onwards, this Court is of the considered opinion that there will be no useful purpose in keeping the writ petition pending. Therefore, the Writ Petition stands dismissed. No costs. Connected M.P. is closed. 04.01.2023 Index:Yes/No Speaking/Non-speaking order vsi To

1. The Presiding Officer Ist Additional Labour Court, Chennai.

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J.NISHA BANU,J.

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