G.N.Prasad, J.

1. The short question which arises for our decision in this case is whether the Jurisdiction of an Industrial Tribunal to proceed with the adjudication of an industrial dispute referred to it under Sec.10 of the Industrial Disputes Act cease with the death of the workmen concerned.

2. The reference made to the Industrial Tribunal was in the following terms:

"Whether the claims of the following aubeditors of Indian Nation and Aryavarta that they are entitled to pay and emoluments of Chief Sub-Editors in terms of Order No. S/O/1257 dated the 29th May, 1959 or the Government of India, Ministry of Labour and Employment, are justified. If, so, from what date and with what relief? (1) Shri Gouri Shankar Prasad,

(2) Sri Surendra Mishra

(3) Sri Abhiram Jha.

The Tribunal dealt with the cases of Sri Gouri Shankar Prasad and Sri Surendra Mishra on merits and gave its award accordingly. But with regard to Sri Abhiram Jha, the Tribunal took the view that it had no jurisdiction to adjudicate upon the claim put forward on his behalf on the ground that he had died while the adjudication proceedings were still, pending.

3. The present application has been filed by the Bihar W