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1994 Supreme(SC) 861

FAIZAN UDDIN, P.B.SAWANT
V. Veeramani – Appellant
Versus
Management Of Madurai District Co-operative Supply And Marketing Society LTD. – Respondent


1) THE question of law whether the industrial dispute survives after the death of the workman has been answered by this court in favour of the workman in Rameshwar Manjhi v. Sangramgarh Colliery. By referring to the decisions of the various High courts on the subject, the court has not agreed with the contrary view taken by some of the High courts and has stated its conclusion in para 18 of the judgment, as follows:

"18. We, therefore, hold that on the death of the workman, even when the reference is of an individual dispute under Section 2-A of the Act, the Tribunal does not become functus officio or the reference does not abate merely because, pending adjudication, the workman concerned dies. It is open to the heirs and legal representatives of the deceased workman to ha" the matter agitated and decided."

(2) THE relevant facts in the present case are that the petitioners father was employed with the respondent Cooperative Society as Senior Clerk incharge the godown of the Society from 1944. A shortage was found in the stock during the period from 26/4/1966 to 5/5/1966, and hence on 13/9/1967 an inquiry was conducted against him. This was followed by the dismis






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