KETAN HASMUKHLAL SHAH Vs. MANAGER, APOLLO TYRES LTD.

JUDGEMENT

(1.) Heard learned advocates for the parties.

(2.) The petitioner, since deceased, and now represented through his widow, has approached this court challenging the award of the Labour Court dtd. 12/4/2018 by which compensation of Rs.75,000.00 was awarded to the deceased workman.

(3.) The deceased husband who was working with the respondent company and had joined the company on 18/8/1995 as a temporary workman was made a trainee workman with effect from 3/10/1996. He was then made permanent on 1/4/1998 with effect from 12/8/1995. He was however dismissed from service on 11/2/2002 on the ground that he remained absent for a period of 108 days. It was the case of the deceased workman that his absence was justified on medical grounds. It was also projected before the Labour Court that he had on 28/1/2002 written an apology letter despite which the penalty of dismissal from service was imposed. During the pendency of the reference unfortunately the workman died in 2013. Before the Labour Court, the legality and validity and the findings of the inquiry were not challenged. The Labour Court exercising powers under Sec. 11A of the Industrial Disputes Act, looking to the fact that reinstatement was not possible, as a result of the unfortunate death of the workman awarded compensation of Rs.75,000.00.