DEVAKUMAR Vs. PRESIDING OFFICER

JUDGEMENT

(1.) THIS writ petition is filed challenging the order made in I.A.No.393 of 2009 in I.D.No.410 of 2001 passed by the first respondent and to permit the petitioner to implead himself as the legal heir in the place of his deceased father P.Durairaj so as to enable him to get all the legal dues and benefits which may be payable to his father based on the award to be passed by the first respondent.

(2.) THE case of the petitioner is that his father P.Durairaj was employed as a Conductor in the second respondent Corporation from the year 1981. He worked at Puducherry Depot. He was dismissed from service by order dated 8.2.2000 along with one A.Kandasamy, Conductor of the Bus on similar charges. The petitioner's father and the said A.Kandasamy raised industrial disputes in I.D.Nos.410 and 409 of 2001 respectively. During the pendency of the said I.D.No.410 of 2011, the petitioner's father expired on 10.3.2004 due to ill-health. The petitioner and his mother being the legal heirs of the deceased P.Durairaj, filed an application before the Labour Court to substitute them in his place and the application was signed on 25.5.2004 by them.

(3.) LEARNED counsel also relied on the judgment of the Hon'ble Supreme Court reported in 1995 Supp (3) Supreme Court Cases 557 V.Veeramani v. Madurai Dist. Coop. Sup. and Mktg. Society Ltd. He emphasised paragraph 3 of the said judgment in support of his contention, which reads as follows:-