The Management, Vs C.Rajangam (Deceased)

(R3 to R6 were substituted as the legal heirs of the deceased first respondent, as per the order dated 26.02.2025 made in W.M.P.No.18980 of 2024 in W.P.No.28285 of 2011)

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Prayer:

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Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorari, to call for the records relating to the award made in I.D.No.44 of 2001 dated 09.06.2011 on the file of the second respondent and quash the same.

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For Petitioner : Mr.S.Senthil Kumar For Respondents : R1-Dismissed R2-Court R3 to R6-Not ready notice

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O R D E R

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The petitioner herein is the Management. Challenging the award

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dated 09.06.2011 passed in I.D.No.44 of 2001 on the file of the Labour Court, Cuddalore, ordering for reinstatement of the delinquent employee, the present writ petition is filed.

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2. The brief facts required for disposal of this writ petition is that the first respondent who was working as salesman in the Fair Price shop was dismissed from service on account of some financial irregularities and

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preparation of bogus bills. The first respondent was dismissed from serivice on 18.03.1986 and the same was challenged before the Labour Court by the

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employee and the Labour Court, after examining the oral and documentary evidence, came to a conclusion that the Management failed to prove the alleged misconduct of misappropriation and since no materials have been produced to prove the same and that the criminal case filed against the delinquent employe ended in acquittal, allowed the Industrial Dispute in

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part and ordered for reinstatement without continuity of service and backwages. Aggrieved by the same, the present writ petition is filed.

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3. Heard the learned counsel appearing for the petitioner Management. The first respondent/employee has died during the pendency of the writ petition and his legal representatives were brought on record as R3 to R6. Though notice has been served on them, no one appears for the said respondents.

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4. It is not in dispute that the first respondent/delinquent employee

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has died and his legal representatives has not shown interest in prosecuting the case. Even according to the Labour Court, the charges alleged against the delinquent employee were not sufficiently proved by marking the stock Register and the Inspection Report. Thereby, the dismissal order passed by the Management was set aside by the Labour Court itself and the Labour Court had ordered for reinstatement without backwages and continuity of service.

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5. Now, at this length of time, wherein the first

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respondent/delinquent employee himself is not alive, the question of allowing the reinstatement order to be intact will not serve any purpose. Therefore, this Court is inclined to dispose of this writ petition with a direction to the petitioner Management to pay a compensation of Rs.50,000/- to the legal representatives of the delinquent employee within a period of four weeks from the date of receipt of a copy of this order.

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6. Accordingly, this Writ Petition is disposed of. There shall be no

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order as to costs. Connected miscellaneous petition is closed.

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12.03.2025

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Index : Yes / No Speaking order / Non-speaking order Neutral Citation Case : Yes/No ssb

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M.DHANDAPANI, J.

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ssb

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To The Presiding Officer, Labour Court, Puducherry.

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W.P.No.28285 of 2011

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12.03.2025

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W.P.No.28585 of 2011

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M.DHANDAPANI, J.

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The matter is listed today under the caption “for being

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mentioned”.

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It is brought to the notice of this Court that the case number has been wrongly mentioned as W.P.No.28285 of 2011 instead of W.P.No.28585 of 2011 in the order dated 12.03.2025.

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