Divisional Safety Officer v. P.Rajendran

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE M.VENUGOPAL AND THE HONOURABLE MRS.JUSTICE R.THARANI W.A(MD)NO.1450 OF 2017 and C.M.P(MD)No.11127 of 2017 1.The Divisional Safety Officer, Divisional Office, Transportation Branch, Southern Railway, Madurai - 10.

2.The Divisional Railway Manager, Divisional Office, Personal Branch, Southern Railway, Madurai - 10.

3.The General Manager, Southern Railway, Park Town, Chennai.

: Appellants/Respondents 1 to 3 .vs.

1.P.Rajendran : Ist Respondent/Petitioner 2.The Presiding Officer, The Central Government Industrial Tribunal -cum- Labour Court, Chennai. : 2nd Respondent/4th Respondent PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent praying this Court to set aside the order passed by this Court in W.P(MD)No.2049 of 2007, dated 5.3.2013.

Prayer in WP(MD). 2049/ 2007 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, call for the records of I.D.80/2004 on the file of the 4th respondent Central Government Industrial Tribunal, Madras and quash the order passed in ID.80/2002 dt.6.10.2004 and reinstate me with back wages and other benefits. https://hcservices.ecourts.gov.in/hcservices/

For Appellants : M/s.S.Manohar For Respondent-1/ : M/s.K.Muraleedharan Caveator JUDGEMENT ************* [Judgement of the Court was made by M.VENUGOPAL, J.] This Writ Appeal has been filed praying this Court to set aside the order passed by this Court in W.P(MD)No.2049 of 2007, dated 5.3.2013.

2.Heard the Learned Counsel for the Appellants and the Learned Counsel for the First Respondent.

3.It is reported before this Court on behalf of the First Respondent that the First Respondent died one year back. 4.At this juncture, the Learned Counsel for the Appellants has made an endorsement in the relevant papers of the present Writ Appeal, inter-alia to the effect that the Writ Appeal may be closed.

5.In view of the fact that the First Respondent had reportedly expired one year back from today, the present Writ Appeal is dismissed as withdrawn(since the cause of action insofar as the First Respondent does not survive).No costs. Consequently, connected Civil Miscellaneous Petition is dismissed.

Sd/- Assistant Registrar(AS) /True Copy/ Sub-Assistant Registrar To The Presiding Officer, The Central Government Industrial Tribunal -cum- Labour Court, Chennai.

+One cc to Mr.S.Manohar, Advocate, SR.no.91613 vsn RL/3C/2P/JC/SAR1/22/12/2017 JUDGEMENT MADE IN W.A(MD)NO.1450 OF 2017 and C.M.P(MD)No.11127 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 07.12.2017