An employee was dismissed from service in 1996. He challenged his dismissal . During the pendency of the ID before Labour Court, the workman attained the age of retirement in 2012. An award was passed by the Labour Court in August 2014 granting relief of 25% back wages with the direction to the Management to count the number of years the workman was out of employment from the date of dismissal for the purpose of calculating the terminal benefits. Management has sent its intention (in Feb. 2015) to the workman to settle the issue as per the verdict of the Labour Court in event of the workman who also accepts the Labour Court verdict, as it is. The workman received such communication of the Management. But the workman died in March 2015. After a gap of 4.5 years, the wife of the deceased workman filed a writ petition challenging the award of the Labour Court praying for back wages, continuity of service and other consequential benefits. In this scenario, my queries are :
1. Whether the wife of the deceased workman (Who is not party to the Labour Court proceedings) has the Locus standi to challenge the Award of the Labour Court on behalf of her deceased Husband Now?
2. Whether there is any limitation period prescribed in the ID Act to challenge the Award of the Labour Court.
I request expert views on the above points with suitable court ruling reference, if any, for which I shall be thankful.
Regards,
1. Whether the wife of the deceased workman (Who is not party to the Labour Court proceedings) has the Locus standi to challenge the Award of the Labour Court on behalf of her deceased Husband Now?
2. Whether there is any limitation period prescribed in the ID Act to challenge the Award of the Labour Court.
I request expert views on the above points with suitable court ruling reference, if any, for which I shall be thankful.
Regards,