JUDGMENT :

K.K. Desai, J.

1. In this petition under Art. 227 of the Constitution the petitioner, who is the widow of a deceased employee of Messrs. George Motors contests the legality of the order of the Second Labour Court dated October 9, 1970 whereby the petitioner's claim for computation instituted under S. 33C(2) of the Industrial Disputes Act was dismissed. The finding against the petitioner was that under sub-s. (2) of S. 33C an application for computation could only be made by the workman himself. The necessary corollary was that the petitioner as the widow and only heir of the deceased workman had no cause of action to make any claim under sub-s. (2) of S. 33C.

2. At the outset it requires to be stated the above finding appears to us to be without any warrant in law. It is well established that all civil rights of every kind vested-in a deceased person and all causes of action in that connection, except those which are in the category of not capable of surviving after his death, survive to his heirs. Causes of action, which are personal and do not survive, consist of damages due for personal injuries suffered by a deceased and for defamation and assault. In that connection, t