DECISION ' This is an appeal against the order of the learned Presiding Officer, Sixth Sindh Labour Court at Hyderabad, dated 6-8-1989, whereby the grievance application of one Syed Abid All Shah deceased husband of the present appellant was dismissed on the ground that petition lapsed due to the death of the petitioner.
2. I have heard Mr. Faiz Ghangro, Advocate for the appellant. None is present for the respondents. I have also gone through the record and proceedings of the case.
3. In the grievance petition, the workman had claimed two reliefs, one for reinstatement and other for back benefits. Due to his death, he cannot be reinstated but his right to get the arrears of dues if the order of dismissal is held to be illegal would survive and would devolve upon his legal heirs.
4. The learned Labour Court came to the conclusion that petition lapsed because there was no such specific provision in the Industrial Relations Ordinance, .That on death of the workman his rights would survive. No doubt there was such provision under section 10(8) of Repealed Industrial Disputes Act. But mere fact that this provision has been omitted in the I.R.O. Would not necessarily mean that legislature intended to deprive the legal heirs of the legal dues of the workman. In absence of specific provision as to whether in such case the rights of the petitioner would lapse or continue, the Tribunal and the Labour Court would accept the proposition that is favourable to the workman, as the Labour Laws are for the welfare of the workmen. As such I set aside the order of the learned Labour Court and remand the case to the learned Labour Court. The learned Labour Court is directed to decide the case on merits because if the workman is held to be illegally removed from his service, his heirs would have the right to receive his legal dues upto the date of his death.