Clerk Fighting Employment Dispute For Over 8 Years Dies, Bombay High Court Directs All Pensionary Benefits

Justice Sandeep V. Marne of the Aurangabad Bench also granted continuity in service to the petitioner during the period between his dismissal and reinstatement to service.

The clerk was dismissed from service over 10 years ago and died while his writ petition was pending in the High Court.

"In the peculiar facts and circumstances of the case, ends of justice would meet if a quietus is given to the entire case by directing the respondent – Zilla Parishad to treat the deceased employee as in service till the date of his retirement / death and to grant all admissible pensionary benefits to his legal heirs", the court held.

The petitioner Anil Kisanrao Patil was a junior assistant in Zilla Parishad Hingoli. He was charged with misconduct of disobedience, arrogant behaviour and absenteeism in 2004. He was penalized and a warning was imposed on him. In 2007, another charge sheet was issued against him and he was dismissed from service on May 19, 2012.

The petitioner challenged the dismissal order before the Labour Court. The Labour Court stayed the dismissal order and the petitioner was reinstated from January 15, 2016. After that, the Labour Court set aside the dismissal order in its final judgement and granted continuity of service and back wages to the petitioner. The Zilla Parishad filed revision petition before Industrial Court, Jalna which set aside the Labour Court's judgement and remanded the case back to the Labour Court.

The Labour Court was directed to deal with preliminary issues as to whether petitioner is a workman, whether enquiry was fair and proper and whether findings of the enquiry are perverse. The petitioner challenged the judgement before the High Court. During the pendency of the petition, the petitioner passed away and his legal heirs were brought on record. The proceedings remanded back to the Labour Court have not been decided.

Advocate A.R. Tapse for the petitioner submitted that he would not be able to lead additional evidence or cross examine the witnesses of Zilla Parishad as the petitioner has passed away.

Advocate Hemraj Kshirsagar for the Zilla Parishad submitted that the death of the petitioner is not a reason to saddle the Zilla Parishad with liability to pay back wages. The evidence was already submitted before the Labour Court in the first round of litigation and the Labour Court can decide the matter on the basis of that evidence.

The court noted that the Industrial Court granted liberties to the parties to submit additional evidence before the Labour Court. However, it would not be possible now due to the death of the petitioner.

The court directed the Zilla Parishad to treat the petitioner as in service till the date of his death. The court also directed the Zilla Parishad to pay all retirement benefits to legal heirs of the petitioner within four months.

The court set aside the decision of the Industrial Court and restored the Labour Court's judgement. The court said, however, that it would not be right to saddle the Zilla Parishad with the burden of back wages and modified the order of the Labour Court to that extent.

The court held that the petitioner would be deemed to be in service of Zilla Parishad till the date of his retirement/death. He would be entitled to continuity in service but not back wages during the period between his dismissal and his reinstatement.

Case no. – Writ Petition No. 5986 of 2019

Case title – Anil Kisanrao Patil (Died) Through legal heirs v. Zilla Parishad Hingoli

Citation: 2022 LiveLaw (Bom) 413