THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT APPEAL No.265 of 2017
JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. Mr. D. Jagan Mohan Reddy, learned proxy counsel appearing
for the appellant states that he has been instructed to state that the
respondent No.3 has expired. He is, however, not in a position to give
the date of demise. He further states that instead of pressing the present appeal, the appellant may be permitted to pursue the petition filed by it before the learned Single Judge, registered as W.P.No.2321 of 2017.
2. We have enquired from learned counsel for the appellant whether the appellant has paid the compensation of Rs.1,00,000/- to the respondent No.3 as directed by the Labour Court in lieu of his reinstatement, particularly when no interim order has been operating in favour of the appellant in all this duration. Surprisingly, the reply is in the negative. In other words, the appellant has been retaining the amount that was payable to the respondent No.3 in all this duration without any interim order operating in its favour.
3. Learned counsel states that since the respondent No.3 has expired, he will advise his client to release the compensation of W.A.No.265 of 2017 Page 1 of 2 Rs.1,00,000/- along with interest as awarded by the Labour Court as long back as on 16.09.2016.
4. In view of the submission made hereinabove, the present appeal is disposed of along with the pending applications, if any.
5. The Registry is directed to list W.P.No.2321 of 2017 on 16.03.2021 before the learned Single Judge, on which date the appellant shall appear before the learned Single Judge to make a statement as to whether the amounts payable to the legal heirs of the respondent No.3 are released or not. Needless to state that any payment that may be released by the appellant in favour of the legal heirs of the respondent No.3 shall be subject to the final outcome of the pending writ petition.
______________________________ HIMA KOHLI, CJ ______________________________ B. VIJAYSEN REDDY, J 09.02.2021 JSU W.A.No.265 of 2017 Page 2 of 2