IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 21ST OCTOBER 2009 / 29TH ASWINA 1931 OP.No. 22413 of 2001(R) -------------------------------- PETITIONER(S): ----------------------- K.V.ABDUL RAHIM S/O. BEERANKOYA HAJI, KARUVEETTIL HOUSE, P.O.FEROKE. BY ADV. SRI.T.M.ABDUL LATIFF RESPONDENT(S): ------------------------- 1. SECRETARY, KOZHIKODE MOTOR & ENGINEERING, MAZDOOR SANGHAM (B.M.S.), VELLODI BUILDING, KALLAI ROAD, KOZHIKODE. 2. CHEMMADAN VEERANKUTTY, S/O. SULAIMAN, VATTATHUVEEDU, P.O.PULIKKAL, MALAPPURAM DISTRICT. 3. THE LABOUR COURT, KOZHIKODE BY ADV. SRI.N.NAGARESH FOR R1 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 21/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J ............................................... O.P. No. 22413 of 2001 ................................................. Dated this the 21st day of October, 2009 J U D G M E N T The fact that the 2nd respondent expired was made known to the petitioner years ago. The petitioner has not taken any steps to implead the legal heirs of the 2nd respondent. The petitioner is not prepared to admit that legal heirs are not necessary parties. If that be so, the original petitioner has to be dismissed for non prosecution. Ordered accordingly. S. SIRI JAGAN, JUDGE rhs