Telangana High Court
Kakatiya University, vs Industrial Tribunalcumlabour ... on 17 June, 2022
Bench: Satish Chandra Sharma, Abhinand Kumar Shavili
THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
W.A.No. 695 of 2006
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of order
dated 05.04.2006, passed by the learned Single Judge, in
W.P.No.6457 of 2006.
The facts of the case reveal that respondent No.2
(workman) before this Court viz., Md.Shabir was an employee
serving the appellant/Kakatiya University and being aggrieved
by his termination, he filed I.D.No.174 of 1996. The Labour
Court passed an award dated 15.09.1997 against the University
allowing the claim of the workman. Being aggrieved, the
University preferred a writ petition i.e., W.P.No.198 of 1998.
The writ petition preferred by the University was
dismissed on 19.04.2004. Meaning thereby the award of the
Labour Court attained finality.
The facts of the case further reveal that another petition
was also preferred by theworkman i.e., M.P.No.34 of 1997 in
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I.D.No.174 of 1996 for recovery of difference of salary for the
period with effect from 02.05.1995 to 18.03.1996 and the same
was allowed by the Labour Court. The appellant/University
subsequently preferred another writ petition i.e., W.P.No.356 of
1998 and by an order dated 14.06.2005, the writ petition was
allowed and the matter was remanded back to the Labour
Court for reconsideration.
The Labour Court, after remand, has finally passed an
order dated 09.12.2005 in E.P.No.35 of 2004 quantifying the
amount payable to the workman as Rs.2,12,260/- and at the
same time, by an order dated 20.02.2006, attached the car
belonging to the appellant-university.
The University being aggrieved by order dated 09.12.2005
in E.P.No.35 of 2004, and the order dated 20.02.2006, has
preferred the writ petition i.e., W.P.No.6457 of 2006 and the
learned Single Judge has dismissed the writ petition preferred
by the University, holding that the workman is entitled for
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Rs.2,12,260/-. Against the order passed by the Single Judge,
the present writ appeal has been filed.
In the present appeal, on 10.10.2006, an order was passed
staying the judgment passed by the learned Single, subject to
deposit of Rs.2,12,260/- by the appellant. The matter was again
listed on 20.11.2006. Learned counsel for the appellant-
university again took time to deposit the amount in EP.No.51
of 2006 instead of E.P.No.35 of 2004 as ordered earlier and he
was permitted to do so. The University has filed Civil Appeals
against the workman i.e., C.A.No.33 and 34 of 2010 before the
Hon'ble Supreme Court aggrieved by the interim order
dated 20.11.2006 in WPMP.No.1349 of 2006 and order
dated 19.04.2004 in WP.No.198 of 1998 before the Hon'ble
Supreme Court. Meaning thereby, against the order directing
the University to deposit the amount in EP, the University has
approached the Hon'ble Supreme Court and the following
order was passed by the Hon'ble Supreme Court
on 05.09.2017.
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"Heard learned counsel appearing for the parties and
perused the impugned judgment and order dated 20th November,
2006 passed by the High Court of Andhra Pradesh at
Hyderabad.
It has been brought to our notice that respondent
No.1-workman has died and his heirs and legal representatives
have been brought on record before this Court. The question
relates to the termination of Md. Shabir, respondent No.1 herein
vide order dated 18th March, 1996. As the respondent has died,
the question of reinstatement has become infructuous.
Whatever amount has been deposited by the appellant herein
before the Labour court shall be released and given to the heirs
and legal representatives of deceased respondent No.1.
Both the appeals stand disposed in the above terms.
There shall be no order as to costs."
The order passed by the Hon'ble Supreme Court reveals
that the death of the workman has taken place and in those
circumstances, the Hon'ble Supreme Court has directed the
Labour Court to release the amount in favour of his legal heirs
and legal representatives. Therefore, in the light of the order
passed by the Hon'ble Supreme Court, no further orders are
required to be passed in the present appeal. The legal heirs and
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legal representatives shall be entitled for the amount, if they
have not already withdrawn the same.
With the aforesaid, the writ appeal stands disposed of.
No costs.
As a sequel, miscellaneous petitions, pending if any, stand
closed.
______________________________
SATISH CHANDRA SHARMA, CJ
______________________________
ABHINAND KUMAR SHAVILI, J
Date: 17-06-2022
LUR
