P.K.Mukherjee, J. - (1.) The present writ petition is listed for admission today. However, with the consent of learned counsel for both the parties, it is being disposed of finally.
(2.) The facts of the case, in brief, are that a reference, under Section 4-K of the U.P. Industrial Disputes Act (hereinafter referred to as 'the Act') was made by State of U.P. for adjudication by Industrial Tribunal. The reference was made in respect of two employees, namely, Sri Ishtiaq Hussain, Accountant and Sri R.C. Saxena, Clerk-Grade-A. They were employees of ex-licensee company, namely Electricity Supply Company Limited, Shahjahanpur, which was taken over by U.P. State Electricity Board with effect from December 1, 1975. The aforesaid employees opted the terms and conditions of service of the erstwhile Company and did not opt those of the Board. They retired from service in 1983. After retirement, these workmen claimed that their dependents are entitled to be absorbed in U.P. State Electricity Board as per terms and conditions laid down by Kashi Nath Pandey Award.
(3.) Sri Tarun Agarwal, learned counsel for the petitioner Board, vehemently attacked the impugned award and submitted that once the Tribunal held that Kashinath Pandey Award dated December 16, 1967 was operative for one year only from the date of its publication, which was published on December 16, 1967, it went beyond jurisdiction in directing the Board to employ the dependents of the aforesaid two workmen. Moreover, the term of reference was in respect of dependents, and not the heirs. The question of heirs arises only after the death of an employee, or person. In the present case, both the employees are alive.;