Amar Kumar vs M/S Ascend Telecom ...
2021 Latest Caselaw 3138 Jhar

         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                W.P. (L) No. 2256 of 2019
        Amar Kumar.....................                  Petitioner(s)
                                     Versus
        M/s Ascend Telecom Infrastructure (Pvt.) Ltd.
        Bangalore through its C.E.O. & Director & Ors......Respondent(s)
                                     ......

Coram: Hon'ble Mr. Justice Ananda Sen Through:-Video Conferencing ......

For the Petitioner : Mr. Vipul Poddar, Advocate For the Respondents : Mr. Nipun Bakshi, Advocate ......

I.A. No. 4138 of 2021 5/26.08.2021 By filing this interlocutory application, it has been brought to the

notice of this Court that the sole petitioner namely, Amar Kumar has

expired during pendency of the writ application on 13.05.2021, leaving

behind his widow namely, Archana Aparajita and the daughters namely,

Anushka Singh & Alakshya Singh as his legal heirs. By filing this

interlocutory application, all the aforesaid legal heirs are praying to be

substituted in place of the deceased petitioner.

Mr. Vipul Poddar, learned counsel appearing for the legal heirs

submits that the present writ application was filed by the original writ

petitioner challenging the order of dismissal. He further submits that the

claim of the petitioner was dismissed as a result of which he is not entitled

to get any monetary benefit. He submits that if the judgment passed by

the Labour Court is set aside then by way of natural consequence

compensation should be granted to the petitioner. He further submits that

the cause of action survives and devolves upon the legal heirs of the

deceased petitioner. Thus, they may be substituted in place of the

deceased petitioner.

The opposite parties have got no objection to it.

Considering the submission of the parties and the nature of

prayer made in the writ petition, since, the cause of action survives and

devolves upon the legal heirs, i.e. the wife and daughters of the deceased

petitioner Amar Kumar, I am inclined to allow this interlocutory

application. Accordingly, this interlocutory application is allowed. Let the

name of the original petitioner be struck off from the cause title and in his

place the name of his wife namely, Archana Aparajita and the daughters

namely, Anushka Singh & Alakshya Singh be incorporated.

Necessary correction in the cause title of the main writ petition is to be carried out by the counsel for the petitioner within two weeks in 'red ink',.

I.A. No. 4138 of 2021 stands allowed.

(Ananda Sen, J) Mukund/-cp.2