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 and another 1968 L.I.C. 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.) DURING the pendency of the reference Rameshwar Manjhi died on January 19, 1981. Lekhiram Manjhi, son and only heir of Rameshwar Manjhi, field application dated May 24, 1981 before the Tribunal seeking permission to be substituted in the proceedings. The management contested the application on the ground that after the death of Rameshwar Manjhi the reference did not survive and became in fructuous. The Tribunal by its award dated January 4, 1982 rejected the application, accepted the objection of the management and closed the reference on the following reasoning: