UNION OF INDIA THROUGH SECRETARY,MINISTRY OF RAILWAYS,NEW DELHI AND TWO OTHERS Vs. JANKI DEVI AND SIX OTHERS

JUDGEMENT

(1.) THIS petition has been filed by the petitioners, challeng­ing the order dated 20.3.2001 passed by the Additional District Judge, Nainital on the application for substi­tution moved by the legal representa­tives of the appellant (deceased) in Civil Appeal No. 41 of 1998, whereby he has allowed .the application moved by the applicants/respondents.

(2.) THE learned counsel for the peti­tioners submitted that after the death of the employee, legal heirs of the em­ployee cannot contest the case as the cause of auction is only between the employer and the employee and it does not survive to the heirs of the em­ployee. In view of the law laid down by the apex Court in the case of_ Rames, hwar Manjhi (deceased) through his son Lakhiram Manjhi ver­sus Management of Sangramgarh Col­liery, reported in A.LR. 1994. Supreme Court, page 1176, the argument ad­vanced by the learned counsel for the petitioners is misconceived. The Apex Court in the above noted case has held as under:­

(3.) I find there is no infirmity in the order by which the application for sub­stitution was allowed. The writ petition has no merit and is dismissed. The ap­pellate court is directed to conclude the hearing of the aforesaid appeal and to decide the same within a period of one month from the date of production of certified copy of this order.