JUDGMENT :

A. Pasayat, J. - A short, but interesting question has been raised in this case. Whether on the death of an employer, there is scope for substitution of his legal heirs, in aproceeding u/s 33C(2) of Industrial Disputes Act, 1947 (in short, the 'Act') is that question.

2. A brief reference to the factual aspects is necessary for clearing the deck relating to the legal position. One B.C. Mohanty (hereinafter referred to as the 'employer') was the lessee under State Government. In respect of chromite mine at Sukinda, and he was proprietor of his business concern. On account of advanced age, he sought for permission from the State Government to transfer the lease. Such permission was granted on October 30, 1980, On April 27, 1981 a transfer deed was executed, and the concern was taken over by a company incorporated under the Companies Act, 1956 styled as M/s. E.G. Mohanty and Co.Ltd. with effect from April 28, 1981. An application u/s 33C(2) of the Act was filed by the petitioner on April 28, 1981 before the Labour Court, Bhubaneswar. During its pendency, employer died on November 4, 1983. An application was filed by petitioner for substituting his legal heirs, which was rejec