Maturi Venkata Subba Rao Mvsr ... vs The State Of Telangana Rep. By Its ...
2021 Latest Caselaw 365 Tel

     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

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