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1992 Supreme(Guj) 327

G.T.NANAVATI, Y.B.BHATT
RASULBHAI PIRBHAI SHAIKH – Appellant
Versus
JASUMATIBEN INDRAVADAN trivedi WD/o. INDRAVADAN SHANKARLAL TRIVEDI – Respondent


Advocates Appeared: H.K.RATHOD

NANAVATI, J.

( 1 ) ). This petition is filed by the workman as his application, ex. 4, filed in Reference (LCN) No. 864 of 1983 for bringing the heirs of the deceased employer Indravadan Shankerlal Trivedi on record of that reference has been rejected.

( 2 ) ). From the order, it appears that the reference was made on 18- 6-1983 and the employer died on 29-8-1983, On 30-3-1984, the workman gave application, Ex. 4, for bringing Jasumati, Shirishkumar and Rohitkumar as heirs of the deceased Indravadan. Notices were issued to the proposed heirs. They appeared before the Court and opposed the application, inter alia, on the ground that the Labour Court cannot go beyond the terms of the reference and, therefore, it was not within its jurisdiction to substitute the heirs of the deceased as party to the reference. The Labour Court, relying upon the decision of the Madras High Court in V. Veeramani v. The Management of Madurai Dist Co-op. S. and M. Socy. Ltd. , 1983 Lab. 1c 687, upheld the contention raised on behalf of the heirs and dismissed the application. That order is challenged by the workman.

( 3 ) ). What is contended by the learned Advocate appearing for the petitioner workman is








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