The Management v. The Special Deputy Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.11.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and W.M.P.No.8581 of 2019 The Management, Metropolitan Transport Corporation, (Chennai) Ltd., Pallavan Salai, Chennai - 600 002.

...Petitioner

Vs.

1.The Special Deputy Commissioner of Labour, D.M.S. Complex, IV Floor, Teynampet, Anna Salai, Chennai - 600 006.

2.Thiru.Mahalingam (Died) 3.M.Kalavathi 4.M.Magesh 5.M.Suresh Kumar 6.Uma Mageswari (R3 to R6 substituted as LRs of deceased second respondent vide order dated 01.04.2022 made in W.M.P.No.20607/2020 in W.P.No.7983/2019) ..Respondents 1/5

Prayer : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records pertaining to the order passed in A.P.No.547 of 2011 dated 24.07.2017 on the files of the first respondent and quash the same.

For Petitioner : Mr.R.Ramanlal Additional Advocate General Assisted by Mr.M.Chidambaram For R1 : Mr.P.Kumaresan Additional Advocate General Assisted by Mr.S.John J.Rajasingh Additional Government Pleader For R2 : Deceased For R3 to R6 : Mr.S.T.Varadarajulu

ORDER

The order passed by the 1st respondent in Approval Petition No.547 of 2011 dated 24.07.2017 is sought to be quashed in the present writ petition.

2. The learned Additional Advocate General appearing on behalf of the writ petitioner and the learned counsel appearing on behalf of the respondents 3 to 6 brought to the notice of this Court that the workman died.

2/5

3. In respect of the cases, where the punishment of removal from service was imposed on the proved allegation of unauthorized absence, the terminal benefits are to be settled in favour of the legal heirs of the deceased workman. In this regard, the Government Letter No.5370/C2/2021 dated 24.07.2021 reads as under:

"(iii) In respect of Ex-employees who expired during litigation, to proceed to settle the eligible death cum retirement benefits to the legal heirs of the deceased workman (up to the date of death or date of retirement whichever is earlier) by treating the non-employment period as "No Work No Pay" and also the Legal heirs shall not claim for appointment under compassionate grounds."

4. In view of the Government decision in the matter of settling the eligible death cum retirement benefits to the legal heirs of the deceased workman, the writ petitioner is directed to settle the eligible benefits to the legal heirs of the deceased workman within a period of twelve (12) weeks from the date of receipt of a copy of this order. 3/5

5. With these directions, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 25.11.2022 Index : Yes Speaking order:Yes kak To The Special Deputy Commissioner of Labour, D.M.S. Complex, IV Floor, Teynampet, Anna Salai, Chennai - 600 006.

4/5

S.M.SUBRAMANIAM, J.

kak 25.11.2022 5/5