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SANJEEV PRAKASH SHARMA
Chief Manager – Appellant
Versus
Sh. Sohan Singh – Respondent
JUDGMENT
1. The petitioner has preferred this writ petition assailing the order dated 05.07.2019 whereby the application moved under Section 33(2)(b) of the Industrial Disputes Act, 1947 was rejected, as the Workman had expired. The Labour Court has closed the matter and directed for setting aside the removal order dated 01.10.2001.
2. Learned counsel for the petitioner submits that although the Workman had expired on 26.11.2008, still the petitioner would have been given an opportunity of proving the case. In reply, the workman stated that he had admitted that he had absented from duty for taking care of his mother and cross-examination can be done in this regard from the other relatives of the deceased-petitioner.
3. Learned counsel submits that the case of " Smt. Prem Kumari Vs. Central Industrial Tribunal (C.I.T)" reported in 1995 (70) FLR 244 would have no application to the present case.
4. I have considered the submissions and perused the order dated 05.07.2019 passed by the Industrial Tribunal, Jaipur and find that the charge-sheet was not served on the Workman and he therefore, never submitted his reply. The submission of the petitioner's counsel therefore, is not substantiate
Proceedings under the Industrial Disputes Act cannot continue post the death of a workman, as effective representation and cross-examination are not possible.
Legal heirs of deceased workman can continue and reopen industrial dispute proceedings post-death under ID Act.
In absence of any evidence produced by the petitioner workman establishing that he had worked under the Respondent continuously for 240 days and, coupled with the fact that the industrial dispute has....
Employer must conduct a proper enquiry before imposing punishment, and legal heirs can claim benefits in case of the workman's death during proceedings.
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