[2025:RJ-JP:33879] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 7966/2024 Chief Manager, Rajasthan State Road Transport Corporation, Alwar Depot. ----Applicant-Petitioner Versus 1. Shyamlal Bakshi Driver S/o Shri Samay Singh, R/o Neem Darwaja, Bharatpur(Rajasthan) (Since Deceased During Proceedings) 1/1. Sampo W/o Late Shri Shyamlal Bakshi 1/2. Shri Randheer Singh S/o Late Shri Shyamlal Bakshi 1/3. Shri Dharamveer Singh S/o Late Shri Shyamlal Bakshi 1/4. Radha D/o Late Shri Shyamlal Bakshi W/o Devi Singh 1/5. Anita D/o Late Shri Shyamlal Bakshi W/o Udai Singh, All R/o Bharatpur (Rajasthan). ----Non-Applicants-Respondents For Petitioner(s) : Mr. S.L. Sharma For Respondent(s) : Mr. Manoj Pareek HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Judgment / Order 26/08/2025 This writ petition under Article 227 of the Constitution of India is directed against the order dated 13.02.2024 passed by the learned Industrial Tribunal, Jaipur (for brevity “the learned Tribunal”) in Miscellaneous IT Application No.19/2003 CIS No.1193/2015 whereby, an application filed by the petitioner/applicant under Section 33 (2) b of the Industrial Disputes Act, 1947 has been dismissed holding that since, the enquiry proceeding was already held to be unfair and unreasonable and thereafter, during pendency of the proceeding, [2025:RJ-JP:33879] (2 of 2) [CW-7966/2024] the workman has expired, it was not permissible for the employer to lead any evidence to prove the charge. Learned Tribunal relied upon two judgments of this Court in the cases of Smt. Premkumari & Ors. versus C.I.T.: 1995 (70) F.L.R. 244 and Rajasthan State Road Transport Corporation versus Sukhhbir Singh: 2011 (130) F.L.R. 311 (Raj. High Court) in support of its view. The aforesaid factual and legal proposition could not be disputed by the learned counsel for the petitioners. In view thereof, nothing survives for consideration of this Court in the instant writ petition which is dismissed accordingly. Pending application(s), if any, also stands disposed of. (MAHENDAR KUMAR GOYAL),J Manish/45