Disposed

The Union of India v. on the Death of Deepak Sarma His Legal Heirs

Gauhati HC9 Aug 2022WP(C)/2582/2016

Case brief

AI extract

What is this about?

The High Court held that the writ petition abated upon the death of the workman respondent who was represented by the union. No legal heirs could be substituted as representatives. The petitioner was directed to honor the award regarding backwages.

What did the court decide?

Petitioner directed to honor the backwages awarded by the CGIT-cum-Labour Court.

The Union of India Vs on the Death of Deepak Sarma… — Service and Employment | Gauhati HC (2022)

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GAHC010014342016

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C)/2582/2016

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THE UNION OF INDIA

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REP. BY THE GENERAL MANAGER, N.F. RAILWAY, MALIGAON, GHY., PIN781011.

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VERSUS

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ON THE DEATH OF DEEPAK SARMA HIS LEGAL HEIRS 1.1.MRS. USHA DEVI SHARMA, WIFE OF LATE DEEPAK SARMA,WORKMAN, REP. BY THE GEN. SECRETARY, RAIL MAZDOOR UNION (N.F. RAILWAY ZONE), HOUSE NO. 1347, TETELIA, N.H.-37, NEAR GANGA FILLING STATION, GOTANAGAR, GHY.-781033. 1.2. SMTI. BHUMI KUMARI SHARMA, DAUGHTER OF LATE DEEPAK SARMA, WORKMAN, REP. BY THE GEN. SECRETARY, RAIL MAZDOOR UNION (N.F. RAILWAY ZONE), HOUSE NO. 1347, TETELIA, N.H.-37, NEAR GANGA FILLING STATION, GOTANAGAR, GHY.-781033.

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Advocate for the Petitioner : MS B DEVI

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Advocate for the Respondent : MD. M U AHMED

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

ORDER

09.08.2022

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Heard Mr. BK Das, learned counsel for the writ petitioner. Also heard Mr. MU Ahmed, learned counsel, where Mr. MU Ahmed had entered appearance on behalf of the deceased respondent workman Deepak Sarma represented by the General Secretary Rail Mazdoor Union, NF Railway Zone Guwahati (for short, the Mazdoor Union).

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The petitioner Union of India represented by the General Manager NF Railway had instituted WP(C)No.2582/2016 against the award of the Central Government Industrial Tribunal-cum-Labour Court (for short, CGIT-cum-Labour Court) dated 30.09.2015 in Reference Case No.03/2014. The reference case was in respect of an industrial dispute between the Management of the NF Railway Maligaon, Guwahati Vs. the Workman represented by the General Secretary, Rail Mazdoor Union, NF Railway, Maligaon. The award of the CGIT-cum-Labour Court in Reference Case No.03/2014 resulted in an award of Rs.2,00,000/- in favour of the workman wherein there was an order of reinstatement in favour of him with a lumpsum backwages for the aforesaid amount. This writ petition is instituted in the name of the deceased Deepak Sarma who was the workman involved in the reference case, being represented by the General Secretary, Rail Mazdoor Union, NF Railway. In course of the writ proceeding the workman Deepak Sarma died on 17.10.2017. In the circumstance, IA(C)No.697/2022 was instituted by the writ petitioner NF Railway under Order 22 Rule 4 of the CPC for substituting the legal heirs of the deceased workman Deepak Sarma. The impleadment was allowed by the order dated 14.03.2022 in IA(C)No.697/2022 on there being no objection by the learned counsel for the writ petitioner.

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In the circumstance, we are also required to examine as to whether the

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wife and the daughter of the deceased workman could have been substituted as the respondents in the writ petition, inasmuch as, the respondent is the deceased workman represented by the Secretary of the Rail Mazdoor Union.

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As the deceased workman was made a respondent not in his individual capacity, but on being represented by the General Secretary, Rail Mazdoor Union, therefore, a question would also arise as to whether the wife and the daughter of the deceased workman could also have been represented by the General Secretary, Rail Mazdoor Union or whether, on fact, the wife and the daughter are represented by the Union. We have also taken note that the writ petition was instituted specifically against the deceased workman Deepak Sarma being represented by the General Secretary, Rail Mazdoor Union, and not against the Railway Mazdoor Union, who, in fact, was the respondent before the CGIT-cum-Labour Court. Because of the technical infirmity, we have to accept that on the death of the deceased workman, the writ petition stood abated, inasmuch as, no legal right in respect of the deceased workman to sue or either to be sued survives after his death, inasmuch as, the legal heirs cannot, nor could have been, nor represented by the Rail Mazdoor Union. Accordingly, we are of the view that as the writ petition itself had abated on the death of the workman, no further adjudication is required in this writ petition on the merit of the claims raised.

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In the above circumstance, the writ petitioner may honor the award passed by the learned CGIT-cum-Labour Court as regard the backwages awarded to the deceased workman.

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Writ petition stands disposed of in the above terms.

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JUDGE

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Comparing Assistant

The Union of India v. on the Death of Deepak Sarma His Legal Heirs

Case brief

What is this about?

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The Union of India v. on the Death of Deepak Sarma His Legal Heirs

Case brief

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