The court held that the order of reinstatement deserved no further consideration due to the workman's death and directed the settlement of the backwages to the legal heirs.

JUDGMENT

(Prayer: Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Certiorari, call for the records of the first respondent in I.D.No.153/2008 and quash its award dated 11.12.2014.)

1. The writ petition has been filed, challenging the award dated 11.12.2014 passed in I.D.No.153 of 2008.

2. The petitioner is Krithika Corporation Private Limited and the second respondent was a workman. The second respondent raised a dispute, questioning the oral termination dated 29.01.2008. The Labour Court after adjudicating the issues between the parties, allowed the petition filed by the second respondent in I.D.No.153/2008 and passed an order of reinstatement and a liberty was granted to the second respondent to join duty, if he prefers to do so.

3. However, the learned Senior counsel appearing on behalf of the writ petitioner made a submission that the second respondent had not chosen to rejoin duty and thereafter, the petitioner Management filed the present writ petition.

4. Pursuant to the interim order granted by this Court, the petitioner Management had deposited a sum of Rs.1,64,800/-(Rupees One Lakh Sixty Four Thousand and Eight Hundred only) towards 50% of the backwages as ordered by the Labour Court in its award.

5. It is brought to the notice of this Court that during the pendency of the writ petition, the second respondent workman died and the Substitution Petition filed by the Management to substitute the legal heirs of the second respondent-workman is also allowed.

6. In view of the fact that the second respondent workman had not chosen to report for duty pursuant to the award and further he died during the pendency of the writ petition, this Court is of an opinion that the amount of backwages already deposited by the Management is to be settled in favour of the legal heirs along with the accrued interest.

7. In view of the fact that the second respondent during his lifetime, had not preferred to join duty based on the order of reinstatement and subsequently died, the validity of the said order deserves no further consideration and considering the mitigating factors, this Court is inclined to direct the first respondent to settle the deposited backwages amount of Rs.1,64,800/-(Rupees One Lakh Sixty Four Thousand and Eight Hundred only) along with the accrued interest in favour of the respondents 3 to 5.

8. It is made clear that the settlement made in this order is full and final and the legal heirs of the second respondent workman will not have any further right in respect of the employment of the second respondent with the writ petitioner Management. The respondents 3 to 5 are at liberty to file an appropriate application before the first respondent Labour Court for withdrawal of the entire deposited amount along with the accrued interest and in the event of filing any such application, the Labour Court shall disburse the amount without causing any undue delay.

9. Accordingly, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.