Orissa State Road Transport vs Raghupati Sitaram (Since Dead) & .... ... on 10 January, 2023

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Orissa High Court

Orissa State Road Transport vs Raghupati Sitaram (Since Dead) & .... ... on 10 January, 2023

Bench: M. S. Raman

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                              W.P.(C) No.11374 of 2008


             Orissa    State       Road      Transport ....                 Petitioner
             Corporation
                                       Mr. Braja Kishore Sahoo, Advocate
                                     -versus-
             Raghupati Sitaram (since dead) & ....         Opposite Parties
             Another
                                                                   None

                           CORAM:
                           THE CHIEF JUSTICE
                           JUSTICE M. S. RAMAN

                                           ORDER

Order No. 10.01.2023

08. Misc. Case No. 13885 of 2017

1. This application has been filed for substitution of the legal heirs of Opposite Party No.1

2. For the reasons stated therein, the application is allowed and the legal heirs as per the schedule to the application is permitted to be carried out.

3. The Misc. Case is disposed of.

W.P.(C) No. 11374 of 2008

4. The petition by the OSRTC challenges an award dated 4th October, 2007 passed by the Labour Court, Jeypore-Koraput. The reference to the Labour Court reads as under:

"Whether the termination of services of the workman Sri Raghupati Sitaram, Ex-driver with effect from 15.09.2002 by Page 1 of 2 the Dist. Transport Manager, O.S.R.T.C., Berhampur is legal and/or justified? If not to what relief is the workman entitled?"

5. On merits, the Labour Court found the termination of the services of the Opposite Party-workman to be unsustainable in law and further that the punishment imposed was 'strikingly disproportionate and quite shocking'. Accordingly, the Labour Court directed reinstatement of the Opposite Party-workman along with full back wages.

6. No formal notice has been issued in the present petition till date. During the pendency of the present petition, the Opposite Party workman has expired. His legal representatives have been brought on record.

7. Considering that one part of the relief granted by Labour Court has become redundant with the death of the Opposite Party, the Court does not consider it appropriate to interfere with the remaining part regarding payment of back wages by dragging the family of the Opposite Party into litigation after so many years. On merits, the Court does not find any reason to interfere with the impugned award of the Labour Court.

8. Accordingly, the writ petition is dismissed.

(Dr. S. Muralidhar) Chief Justice (M. S. Raman) Judge Aks Page 2 of 2

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