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Judgment
Mohammad Rafiq, J.—Father of petitioner was one of the workmen whose services were retrenched by respondents on 30.05.1983. This writ petition has been filed by petitioner with prayer that retrenchment of his father from the services by the respondents be declared illegal and he be held entitled to reinstatement with continuity of service with effect from 30.05.1983, the date of his retrenchment. During the course of arguments, it is contended that the reference made in respect of retrenchment of services of the father of the petitioner is still pending in group of cases.
The prayer aforesaid therefore cannot be considered in the writ petition as it has to be ultimately decided by the Labour Court.
Alternatively, prayer is made that since the respondents are now considering the cases of other identically situated workmen, in which final award has been passed and upheld by this court, therefore, the respondents should be directed to consider the case of the petitioner for compassionate appointment. Such an extended prayer cannot be granted firstly because the final award in the case of father of the petitioner in regard to validity of retrenchment is yet to be passed, and secondly the prayer for appointment on compassionate ground is considered only of those dependents whose breadwinner was actually in employment at the time of death.
Writ petition is accordingly dismissed.