Case Note & Summary
The case pertains to a writ appeal filed by the legal representatives of a deceased workman, Sri B.K. Gulbal (originally Bhimappa Gulabal), who was employed as a conductor with the Karnataka State Road Transport Corporation (KSRTC), Belagavi Division. The workman was dismissed from service, and he challenged the dismissal by filing a writ petition before the High Court of Karnataka. During the pendency of the writ petition, the workman died on 13.08.2013. His legal representatives, namely his wife Smt. Laxmibai and two children, were brought on record. The learned Single Judge, by order dated 14.08.2015, dismissed the writ petition, thereby upholding the dismissal. Aggrieved by this order, the legal representatives filed the present writ appeal under Section 4 of the Karnataka High Court Act, 1961. The core legal issue was whether the legal representatives of the deceased workman were entitled to any benefits from the date of dismissal till the date of death, despite the dismissal being upheld. The appellants argued that the workman had died during the pendency of the proceedings and that the legal representatives should be entitled to settlement of all benefits payable to the deceased workman from the date of dismissal till his death. The respondent, KSRTC, opposed the appeal. The Division Bench, comprising Dr. Justice Vineet Kothari and Dr. Justice H.B. Prabhakara Sastry, allowed the appeal. The court held that although the dismissal was upheld, the legal representatives were entitled to the settlement of all benefits payable to the deceased workman from the date of dismissal till his death. The court directed the respondent to settle all such benefits accordingly. The judgment was delivered on 31.05.2017.
Headnote
A) Service Law - Dismissal - Back Wages - Section 4 of the Karnataka High Court Act, 1961 - The appeal was filed against the order of the learned Single Judge dismissing the writ petition and upholding the dismissal of the workman from service as conductor in KSRTC. The workman died during the pendency of the proceedings. The Division Bench held that the legal representatives are entitled to settlement of all benefits payable to the deceased workman from the date of dismissal till his death, despite the dismissal being upheld. (Paras 1-3) B) Industrial Disputes Act, 1947 - Section 11-A - Power of Labour Courts and Tribunals to give appropriate relief - The court considered the power to grant relief in cases of dismissal and the entitlement of legal representatives to benefits accrued during the period from dismissal to death. (Paras 2-3)
Issue of Consideration
Whether the legal representatives of a deceased workman are entitled to back wages and other benefits from the date of dismissal till the date of death, when the dismissal was upheld but the workman died during the pendency of proceedings.
Final Decision
The writ appeal is allowed. The order of the learned Single Judge dated 14.08.2015 is set aside. The respondent is directed to settle all the benefits payable to the deceased workman from the date of dismissal till his death.
Law Points
- Section 4 of the Karnataka High Court Act
- 1961
- Industrial Disputes Act
- 1947
- Section 11-A
- Workman's right to back wages upon reinstatement
- Legal representatives' entitlement to benefits
