SRINIVAS Vs. INDIAN AIRLINES LIMITED ANOTHER

JUDGEMENT

(1.) This writ petition is filed seeking a writ of Mandamus, declaring the action of the respondents in not considering the representation dated 29.12.2003, wherein the petitioner has sought for compassionate appointment, as arbitrary, illegal, unjust and violative of Articles 14, 16 and 21 of the Constitution of India and sought a consequential direction to the respondents to consider the case of the petitioner for compassionate appointment in any suitable post.

(2.) Heard learned counsel for the parties.

(3.) It has been contended by the petitioner that his father was employed as Canteen Helper with the respondents and while he was discharging his duties, the respondents have imposed major punishment of dismissal from service vide orders dated 01.04.1999. The petitioner further contended that after dismissing his father, the respondents have approached the National Industrial Tribunal at Mumbai by filing an application under Section 33 (2) (b) of the Industrial Disputes Act, 1947 (for short, 'the Act') seeking approval of the orders of dismissal of his father, and the same was numbered as Approval Application No.NTP-33 of 1999. However, during pendency of the said case, the petitioner's father expired on 24.09.2001 and thereafter the Tribunal disposed of the said case along with some other cases vide common order 24.09.2002. The operative portion of the said common order reads as under: