Can a Family Continue a Court Case After a Cancer Patient's Passing? Seeking Advice

Dear/Respected All,

What is your opinion if any person suffers from cancer and the case is ongoing in the industrial court for the last eight years? He/She won the case in the labor court.

My question is, after his/her death, will the case be closed or not? Can his/her wife/husband/son continue to fight the case in court? I hope you will reply.

Thanks with best regards, M. Gautam

Dear Gautam,

For a more appropriate reply, you need to be specific about the issue. Until we know what the case was all about, we won't be able to give you a proper response.

Thank you.

Dear Mr. Gautam,

You have mentioned that in the Labour Court/Industrial Tribunal proceedings have been ongoing for the past 8 years. You have also stated that the verdict in the Labour Court is in favor of the employee. In this case, where is the question of the case being closed or not? Given that the verdict favors the employee, the question of legal heirs contesting the matter does not arise.

Are you the employer or the legal heir of the deceased employee?

The pending industrial dispute initiated by a workman before any forum under the Industrial Disputes Act, 1947 does not get abated by his death, and his legal heirs can continue it; only the relief sought would be different.

Even if the workman dies after an award in his favor, still the legal heirs can claim monetary compensation, if any payable out of the award.