Case Note & Summary
The petitioner, Chief Executive Officer of Zilla Parishad, Jalgaon, challenged the judgment and award dated 2.8.1993 passed by the Labour Court, Jalgaon in Reference (IDA) No. 3 of 1985. The Labour Court had directed the employer to pay a lump sum compensation of Rs.50,000/- to the workman Maharu Kautik Patil, along with costs of Rs.1,000/-. The workman had raised an industrial dispute which was referred to the Labour Court under Section 10 of the Industrial Disputes Act, 1947. The Labour Court found that the employer had engaged in unfair labour practice and awarded compensation. The employer filed the present writ petition in 1994, which was admitted and interim stay was granted. Subsequently, the workman died and his legal heirs were brought on record. By order dated 24.9.1998, the employer was directed to deposit Rs.50,000/- in court, and later by order dated 23.2.2000, the legal heirs were permitted to withdraw the amount upon furnishing security. It was informed that the amount was withdrawn. The petitioner's counsel argued that the award was illegal and liable to be set aside. However, the court noted that since the entire compensation amount had already been withdrawn by the legal heirs, the petition had become infructuous. The court dismissed the writ petition as having become infructuous, observing that no further orders could be passed. The court also noted that the legal heirs had already received the amount and the matter was effectively concluded.
Headnote
A) Industrial Law - Compensation - Lump Sum Award - Industrial Disputes Act, 1947, Section 10 - Workman was awarded Rs.50,000/- lump sum compensation by Labour Court for unfair labour practice - Employer challenged the award in writ petition - During pendency, workman died and legal heirs withdrew the deposited amount - Held that the petition becomes infructuous as the amount has been withdrawn and no further relief can be granted (Paras 1-9).
Issue of Consideration
Whether the Labour Court's award of lump sum compensation of Rs.50,000/- to the workman is liable to be set aside in writ jurisdiction.
Final Decision
The writ petition is dismissed as having become infructuous. The amount of Rs.50,000/- already withdrawn by the legal heirs of the workman is not disturbed.
Law Points
- Industrial Dispute Act
- 1947
- Section 10
- Reference
- Compensation
- Lump Sum
- Unfair Labour Practice
- Withdrawal of Amount
- Mootness
