Extracted from the PDF above. The PDF is authoritative.
Chief Engineer, BSL vs. The General Secretary, BSL Project Mazdoor Ekta Union & Ors.
CMP No.19017 of 2024
27.03.2025 Present: Mr. Aman Sood, Advocate, for
the appellant/applicant.
Mr. Pawan Gautam and Mr. Rishabh
Sharma, Advocates, for respondents No.2(i)
to 2(iii).
Respondent No.1 and 3 dispensed with.
CMP No.19017 of 2024
Learned counsel for the appellant submits that contesting parties are appellant and legal heirs of deceased respondent No.2 [Amar Nath], therefore, notice to respondent No.1 has already been dispensed with vide
order dated 18.12.2024. In view of above submissions, notice to respondent No.3 is also dispensed with.
2.
Power of Attorney of legal heirs of respondent No.2 will be filed during the course of the day.
3.
Admittedly, respondent No.2 [Amar Nath], has expired on 05.12.2019, but the said fact was not in the knowledge of either side and resultantly LPA No.73 of 2013 was decided, though in favour of respondent No.2, however, in favour of a deceased person.
4.
Application filed by the appellant CMP(M) No.1620 of 2024 stands allowed vide order dated 18.12.2024 and legal heirs of deceased [Amar Nath]
have been permitted to be brought on record as respondents No.2(i) to 2(iii) respectively, in view of the pronouncement of the judgment of Supreme Court passed in Gurnam Singh Versus Gurbachan Kaur reported in (2017) 13 SCC 414 and Order dated 01.11.2023 passed in LPA No.73 of 2013 is recalled and LPA is directed to be restored to its original status with original number.
Application is allowed and disposed of in aforesaid terms. LPA No.73 of 2013 Amended memo of parties be filed within one week.
2.
Registry to place copy of this order on record of LPA No.73 of 2013. List for hearing on 16.05.2025.
(Vivek Singh Thakur)
Judge
(Ranjan Sharma) March 27, 2025
Judge
(Chiranjeev)