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Judgment
Rekha Sharma, J.—The present writ-petition has been filed by the widow of late Shri Bhiku Ram who was working as a Mason with the Respondent since the year 1984. Shri Bhiku Ram had raised an industrial dispute which was referred to the Industrial Tribunal with the following terms of reference:
(1) Whether Sh. Bhiku Ram S/o Sh. Gagan Singh, Mason, is entitled to be regularized on the post of Mason from their initial date of appointment i.e. 14.11.84 in the proper pay scale & allowances, and if so, what directions are necessary in this respect.
(2) Whether the said workman is also entitled to wages as is admissible to the regular counterparts, irrespective of his employment as a muster roll worker by the management, and if so, what directions are necessary in this respect? & what relief is he entitled in this regard.
During the pendency of the reference, Shri Bhiku Ram died. In view of his death, the Industrial Tribunal declined to answer the reference, stating that, "since, the workman in the present case has died on 25.10.05, no regularization order could be passed in his favour."
Having heard learned Counsels for the parties, I am of the view that the Industrial Tribunal fell in error in not deciding the issue of regularization, merely because the workman had died. The regularization of a workman does not merely mean a job to him on regular basis. It also carries with it certain financial benefits. Hence, notwithstanding the death of the workman, it was incumbent on the Tribunal to decide the issue of regularization. Assuming the Tribunal had decided the issue in his favour, his wife would have become entitled to receive financial benefits flowing from such an order.
For the fore-going reasons, I remand the case back to the Industrial Tribunal to give its finding on the issue of regularization of the workman as expeditiously as possible preferably within six months. The parties are directed to appear before the concerned Industrial Tribunal on April 27, 2011.
The writ-petition is disposed of.