Facts
The applicant, a retired Refrigeration Mechanic, brought an Original Application against the Union of India and other authorities.
Source reference: no citationAt the hearing, the respondents’ Standing Counsel submitted that the entire amount claimed had been paid and that the application had therefore become infructuous.
Source reference: no citationThe Tribunal had directed the applicant to verify and report on that submission, but there was no representation for the applicant on the previous hearing date or at the final hearing.
Source reference: no citationIssues
1. Whether the Original Application had become infructuous in light of the respondents’ submission that the entire amount had been paid.
Source reference: no citation2. Whether the application should accordingly be dismissed.
Source reference: no citationLaw Applied
The Tribunal cited no statute, precedent, or specific legal test.
Source reference: no citationIt disposed of the application on the procedural basis that, once the relief sought had been satisfied, the matter was infructuous and no further adjudication was required.
Source reference: no citationReasoning
The Tribunal recorded the Standing Counsel’s submission that the entire amount had been paid.
Source reference: no citationAlthough the applicant had been directed to verify that position, he was unrepresented at the final hearing and had not appeared on the prior hearing date. In those circumstances, the Tribunal accepted the submission that the application no longer required adjudication.
Source reference: no citationHolding
The Tribunal treated the Original Application as infructuous and dismissed it.
No costs were awarded.
Source reference: no citationOriginal Court PDF
N Appukuttan NairvsDEFENCE
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