The Management v. Thiru M.Selvaraj (Deceased),

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.07.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI And W.M.P.No.26504 of 2016 The Management Tamilnadu State Transport Corporation (Villupuram) Ltd., Vellore Division, Vellore - 9.

Represented by its General Manager ... Petitioner Vs.

1.M.Selvaraj (Deceased) 2.Tamizharasi 3.S.Sathish 4.S.Ganeshkumar 5.S.Bhuvaneshwari (R2 to R5 substituted as LRs. of deceased first respondent vide order dated 11.07.2023 made in WMP No.19750/2020 in WP.No.30560/2016 by MDIJ) 6.The Special Deputy Commissioner of Labour (Conciliation), DMS Compound, Chennai.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari to call for the records passed by the second 1/4

respondent in A.P.No.2/2014 on 11.01.2016 and to quash the same. For Petitioner : Mr.M.Aswin For Respondents : Mr.S.Sivakumar for R1 to R5 for M/s.Law Square Mr.V.Ravi for R6 Special Government Pleader

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Certiorari to call for the records passed by the Special Deputy Commissioner of Labour in A.P.No.2/2014 on 11.01.2016 and to quash the same.

2.The case of the petitioner is that the first respondent unauthorizedly absented from duty from 15.08.2010 to 02.12.2010 for which, he was issued with charge memo and after enquiry, he was dismissed from service vide order of the petitioner dated 24.01.2014. Thereafter, the petitioner filed approval petition before the Special Deputy Commissioner of Labour, Chennai, seeking approval of the dismissal dated 24.01.2014, however, the Special Deputy Commissioner of Labour rejected the approval petition on 11.01.2016. Challenging the same, the petitioner has filed this writ petition. 2/4

3.The learned counsel appearing for the petitioner submitted that during the pendancy of this writ petition, the first respondent/ Workman passed away and the punishment imposed on the first respondent was modified to that of compulsory retirement. 4.Since the punishment imposed on the first respondent was modified to that of compulsory retirement, nothing survives for adjudication in this writ petition.

5.The writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

11.07.2023 pri Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No To 1.The Special Deputy Commissioner of Labour (Conciliation), DMS Compound, Chennai.

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M.DHANDAPANI,J.

pri W.P.No.30560 of 2016 And W.M.P.No.26504 of 2016 11.07.2023 4/4