SANJEEV PRAKASH SHARMA,J. - (1.) The petitioner has preferred this writ petition assailing the order dated 05.07.2019 whereby the application moved under'Section 33(2)(b)'of the Industrial Disputes Act, 1947 was rejected, as the Workman had expired. The Labour Court has closed the matter and directed for setting aside the removal order dated 01.10.2001.
(2.) Learned counsel for the petitioner submits that although the Workman had expired on 26.11.2008, still the petitioner would have been given an opportunity of proving the case. In reply, the workman stated that he had admitted that he had absented from duty for taking care of his mother and cross-examination can be done in this regard from the other relatives of the deceased- petitioner.
(3.) Learned counsel submits that the case of ' Smt. Prem Kumari v. Central Industrial Tribunal(C.I.T)' reported in 1995 (70)FLR 244 would have no application to the present case.;