R. P. SETHI, C. J.

( 1 ) WHETHER the legal heirs of a deceased workman can initiate and prosecute an industrial dispute? is a question of law sought to be adjudicated in these petitions referred to the Division bench by an order of the learned Single Judge dated 4-12-1996.

( 2 ) THE learned Counsel appearing for the workmen relying upon the judgment of this Court in prema v Management, Hulkal Group Service Co-operative Society Limited, has submitted that the principle laid down therein can further be stretched enabling the legal heirs of the deceased workman to initiate conciliation proceedings notwithstanding the provisions of Section 10 (8) of the Industrial Disputes Act, 1947 (hereinafter called the 'act'), which has been pressed into service by the employer for submitting that it restricted the rights of the legal heirs to the extents specified therein.

( 3 ) THE Act is admittedly a social welfare legislation enacted for the purposes of industrial peace by protecting the interests of the workmen who were found to be subjected to the exploitation by the employers. In Workmen of Dimakuchi Tea Estate. (Assam Chah Karmachari Sangha) v dimakuchi Tea Estate , the Supreme Court has

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