THE HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA W.P.No. 2339 of 2002 ORDER: The petitioner has impugned the award dated 30.10.2001 in I.D.No.252 of 1998 passed by the Labour Court whereby the second respondent was directed to recover half of the total loss of Rs.81,977.75 ps in monthly instalments from the petitioner confirming the deferment of one annual increment. Learned counsel for the parties referred to the averments made in the counter affidavit at paragraph ‘7’, which read as under: “It is submitted that the petitioner, after passing the Award on Oct.2001 and after publication in Nov.2001 took VRS from service and accordingly retired from service and also received the terminal benefits from its employer. The 2nd respondent due to its financial crisis closed its operations w.e.f. 29.08.2002 and went under liquidation in July 2003. Therefore, the employer of the petitioner is not in existence and in fact the Award could not be implemented as the petitioner went under VRS. Hence the writ petition is liable to be dismissed.” Learned counsel for the petitioner submits that as the second respondent-Factory has gone under liquidation in July 2003 and is not in existence, the writ petition may be closed. Learned counsel for the second respondent does not dispute the aforementioned factual position. In view of the fact that the second respondent has gone under liquidation, the award of the Labour Court is incapable of being implemented. Accordingly, the writ petition is closed. No costs. ASHUTOSH MOHUNTA,J Dt. 13.10.2011 lvl THE HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA W.P.No 2339 of 2002 Dt. 13.10.2011