GENERAL MANAGER Vs. S GANESAN

JUDGEMENT

(1.) Introductory Note

(2.) The predecessor-in-interest of the respondents 1 to 3 was an employee of Bharat Overseas Bank Limited, which was subsequently merged with the Indian Overseas Bank. The employee was dismissed from service. The order was confirmed in appeal. Thereafter, the employee filed a statutory appeal before the Appellate Authority constituted under Section 41 of the Tamil Nadu Shops and Establishment Act, 1947. The appeal was dismissed by order dated 31 August 2004. The order was challenged by the employee before the Writ Court in W.P.No.3738 of 2005. During the currency of the writ petition, the employee died. The legal representatives filed an application for impleading, which was allowed by the learned single Judge. Subsequently, the management filed an application to recall the order impleading the respondents 1 to 3 as parties, by placing reliance on a decision in Molysaramo Lukose v. Spencer & Co., Ltd., Madras and another,1986 1 LLN 469. The application was dismissed. The order is under challenge at the instance of the management in this appeal.

(3.) The learned counsel for the appellants by placing reliance on a Division Bench Judgment in V.Veeramani v. Madurai District Co-operative Supply and Marketing Society Ltd., and another, (1983) 1 LLN 426, contended that the scope of an industrial adjudication cannot be enlarged by impleading the legal representatives. According to the learned counsel, the writ petition would abate consequent to the death of the employee and it cannot be continued by the legal representatives.