RAMESHWAR MANJHI Vs. MANAGEMENT OF SANGRAMGARH COLLIERY

JUDGEMENT

(1.) The question for our consideration, in this appeal, is whether an industrial dispute survives when the workman concerned dies during its pendency Can the proceedings before the Tribunal/Labour Court be continued by the legal heirs/ representatives of the deceased workman Relying upon the judgment of Patna High Court in Bihar Working Journalists' Union v. H.K. Chaudhuri, 1968 Lab IC 515, the Central Government Industrial Tribunal-Cum-Labour Court, Dhanbad, Bihar (the Tribunal), by its award dated January 4, 1982 has answered the question in the negative. This appeal by way of special leave is against the judgment of the Tribunal.

(2.) There is sharp difference of opinion between the Assam, Patna, Delhi and Orissa High Courts on the one hand and Kerala and Gujarat High Courts on the other. The first set of High Courts have held that on the death of a workman the industrial dispute cannot survive and the proceedings must come to an end, whereas the Kerala and Gujarat High Courts have held that the industrial dispute survives the deceased-workman and the reference can be continued by the legal heirs/ representatives of the deceased-workman.

(3.) We may briefly notice the facts of the case. Rameshwar Manjhi was working as coal-cutter in the service of the respondent-management. On May 3, 1974 he met with an accident while working in the colliery and as a consequence his right leg was amputated. The Medical Board recommended him for light duty on surface. It is his case that he presented himself before the management and requested that he be permitted to resume duties but the management did not permit him to join. The case of the management is that the workman became unfit to perform the duties and as such his services were terminated with effect from July 22, 1974 by giving him adequate compensation. Rameshwar Manjhi raised a dispute under Section 2A of the Industrial Disputes Act, 1947 (the Act). Central Government referred the dispute for adjudication to the Tribunal in the following terms: