1 W.P.No.5779.98 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5779 OF 1998 Jagdish Dwarka Yadav, (since deceased, through his legal heirs) Smt.Shivkumari Jagdish Yadav Shri Arvind Jagdish Yadav Shri Arjun Jagdish Yadav Sou. Sangita Lalan Yadav ... Petitioners v/s 1. M/s.Swastik Rubber Products Ltd. 2. The Official Liquidator. ... Respondent Mr.Vivek Salunke i/by Mr.P.B.Shah for the petitioner. Ms.Pallavi Dedhia i/by M/s.Sanjay Udeshi & Co. for the respondent No.1. CORAM: SMT.NISHITA MHATRE, J. DATED: 18TH AUGUST, 2010 ORAL JUDGMENT: 1. The petition has been filed by the petitioner workman who has expired during the pendency of the petition against the order passed by the Labour Court in an application under 2 W.P.No.5779.98 Section 33C(2) of the Industrial Disputes Act. The workman had claimed certain benefits on the basis of the agreement of the Union with the employer i.e. respondent No.1 dated 7.9.1995. The application was rejected by the Labour Court since it was of the view that the workman had continued in service by virtue of interim orders of the Court and, therefore, was not entitled to the benefits of that settlement. The interim orders passed by the Labour Court in Complaint (ULP) No.75 of 1994 was set aside by this Court in Writ Petition No.6321 of 1996. 2. In my opinion, the present petition has become infructuous. In Writ Petition No.6321 of 1996 I have already decided that the workman had been illegally terminated from service and was, therefore, entitled to reinstatement with continuity of service and full back wages. The workman has expired. His legal heirs can claim the benefits of the settlement, if they are entitled to the same, in view of the order passed in the aforesaid writ petition, by filing appropriate proceedings. In case any proceedings are filed by the heirs of the workman, those proceedings shall be decided on their own merits by the authority, uninfluenced by the order passed by the Labour Court in Application (IDA) No.46 of 1995. 3 W.P.No.5779.98 3. Writ petition dismissed as infructuous. Rule discharged. No costs. .....