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2013 DIGILAW 3203 (MAD)

Management, Tamilnadu State Transport Corporation (Coimbatore Division II) Ltd, Erode v. Presiding Officer, Salem

2013-09-05

K.RAVICHANDRA BAABU

body2013
Judgment 1. The present writ petition is filed by the Management challenging the award of the Labour Court ordering reinstatement of the deceased second respondent without backwages. 2. It is represented that during the pendency of the writ petition, the deceased second respondent was reinstated into service by the Management in pursuant to their proceedings dated 21.04.2003, of course, without prejudice to the contention in the above writ petition. After reinstatement, the second respondent worked for some time and thereafter, died on 16.05.2012. After his death, the legal representatives of the deceased second respondent were brought on record. 3. As the present writ petition is filed only against the award of the Labour Court ordering reinstatement without backwages and in view of the fact that the deceased second respondent/workman has not challenged the denial of backwages by way of filing a separate writ petition and in view of the subsequent development taken place viz., reinstatement of the deceased second respondent into service by the petitioner Management and that he also died during the pendency of the writ petition and after such reinstatement, I find nothing survives in the writ petition to adjudicate upon further. Accordingly, the writ petition is dismissed as infructuous. It is made clear that the dismissal of the writ petition as infructuous will not prevent the legal representatives of the deceased second respondent in getting the terminal benefits and all other attendant service benefits of the deceased second respondent if any from the petitioner Management. No costs.