The Management v. The Presiding Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.12.2024

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No .20263 of 2008 The Management, Tamilnadu State Transport Corporation, Salem Division, 12 Ramakrishna Road, Salem 7.

... Petitioner Vs.

1. The Presiding Officer, Labour Court, Salem.

2. M.Rathinam

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records of the 1st respondent in its award made in I.D.No.620 of 2004, dated 04.10.2007 quash the same. For Petitioner : Mr.M.Aswin For Respondents : R1 - Labour Court R2 - Died

ORDER

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This Writ Petition is filed in the year 2008, challenging the award made in I.D.No.620 of 2004 dated 04.10.2007. Even though the Workman involved in the Writ Petition, namely M.Rathinam, the second respondent in the Writ Petition is reported to have been since died pending the Writ Petition, the petitioner management is not in a position to trace out the legal heirs and implead them.

2. The learned counsel submits that in spite of even field enquiry by the Officials, they are not able to get the particulars. He would submit that till date neither the Workman nor the legal heirs have also approached the management by way of any claim. In view thereof, since the petitioner is unable to bring the legal heirs on record, this Writ Petition is dismissed for default, however, with liberty to the petitioner management to reopen the same by restoration/impleading if the legal heirs of the Workman approach the management claiming any benefits in future. No costs. 02.12.2024 : No dna 2/4

To The Presiding Officer, Labour Court, Salem.

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D.BHARATHA CHAKRAVARTHY , J.

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