D.T.M.,O.S.R.T.C. v. K.Jaganathan

IN THE HIGH COURT OF ORISSA AT CUTTACK

O. J. C. No.4512 of 1995 District Transport Manager, Orissa State Road Transport Corporation, Jeypore, Koraput ....

Petitioner Mr. B. K. Sahoo, Advocate -versusK. Jaganathn (since dead) represented through his L.Rs.

....

Opposite Parties M/s. G. C. Mohapatra and associates, Advocate for Opp. Party 1 and Mr. A. P. Das, ASC

CORAM:

THE CHIEF JUSTICE JUSTICE R. K. PATTANAIK Order No.

ORDER

03.01.2022 21.

1. This petition, at the instance of the Management of the Odisha State Road Transport Corporation (OSRTC)-Petitioner, challenges an order passed by the Industrial Tribunal, Odisha dated 14th December, 1993 in Industrial Dispute Misc. Case No.45 of 1991, refusing the plea of the Petitioner for permission for removal of the Workman-Opposite Party No.1 from service pursuant to a domestic enquiry.

2. During pendency of the present petition, the Opposite PartyWorkman expired and his legal representatives have been brought on record.

3. On 4th December, 2013, this Court had asked the parties to take instructions regarding the consequential action that has been taken pursuant to the impugned order of the Industrial Tribunal. Today, learned counsel for the Petitioner informs the Court that there appears to be no consequential action taken so far.

4. Considering that the Opposite Party-Workman has expired and no consequential action pursuant to the impugned order of the Tribunal has been taken thus far, the Court sees no purpose being served in keeping the present petition pending. It has been rendered academic. Consequently, leaving the question of law that arises from the impugned order of the Tribunal open for decision in some other appropriate case, this petition is disposed of. All pending applications are disposed of.

(Dr. S. Muralidhar) Chief Justice (R. K. Pattanaik) Judge M. Panda