1989 LAB. I. C. 408 ::(1988) 57 FacLR 505 ::(1988) 2 Lab LN 788 ::(1988) 2 Kant LJ 179

Karnataka High Court

Hon'ble Judge(s): Premchand Jain , C.J. AND K. Shivashankar Bhat , J

Constitution of India , Art.226, Art.311— Writ Petition - Maintainability - Government servant - Removal from service - Writ Petition, against - Death of employee during pendency of petition - Right to sue survives to his legal representatives. (Removal from service - Right to challenge, survives after death of employee).1985 Lab IC 273 (Kant) Reversed, AIR 1977 Andh Pra 319, Dissented from. Industrial Disputes Act (14 of 1947) , S.10(8)— Where the Government servant died during pendency of the writ petition filed by him challenging the order of his removal from service, the right to sue survives to his legal representatives and the writ petition cannot be dismissed as having abated. 1985 Lab IC 273 (Kant) Reversed.(Para 18) Right to an office under the governmental service involves constitutional status. Removal from such an office, illegally, amounts to an unconstitutional act and is to be ignored as void. An illegal dismissal order is always treated as a void order resulting in the office holder being vested with a right to claim the arrears of salary and other emoluments. In fact specific order for reinstatement was held to be superfluous when a civil court declares the dismissal order as illegal. The arrears of salary and payment of other emoluments are to be treated as having accrued already and vested in t....