Law:

Section:

(a) Industrial Relations Ordinance min of 1969)-- ---S. 25-A--Civil Procedure Code (V of 1908), OXXII, R. 1--Constitution of Pakistan (1973), Art. 199--Workman's dismissal on charge of absence from duty-­Labour Court ordered reinstatement of workman but Labour Appellate Tribunal dismissed his grievance petition on the ground of lack of jurisdiction-­Constitutional petition filed by workman but soon after admission of his petition, workman died--Legal representatives of deceased workman's entitlement to pursue their predecessor's cause would extend to recover from the employer such emoluments and other monetary benefits which the delinquent employee would have been entitled to, during the period, he was kept out of employment--Words "right to sue" occurring in OXXII, R.1, C.P.C.--[Connotation]. The words `right to sue' must be interpreted to mean the right to seek relief which the deceased had prayed for. The relief sought by the' deceased petitioner for reinstatement in service was purely personal to him and such personal right which really involved the continuance in service or otherwise of a person would not survive to his legal representatives. This was too obvious to require any legal argument in support of it but if it is found that dismissal of the deceased petitioner was invalid or improper, in that eventuality, his legal representatives would be entitled to recover from the employer such emoluments and other monetary benefits which the delinquent employee would have been entitled to during the period he was kept out of the employment. When workman is dead, he cannot be put in service but it is difficult to deny the benefits flowing from the successful avoidance of the dismissal, to his legal heirs. Therefore, neither the writ petition abates nor the legal cause leading to it. Pakistan Railways v. Sibghatullah Khan 1980 P L C 514; Mrs. Iqbal Begum v. Lawrencepur Woollen and Textile Mills 1980 P L C 1102; Muhammad Afzal v. House Building Finance Corporation, Karachi P L D 1976 Kar. 1121; Ibrahimbhai Karimbhai and others v. State of Gujarat A I R 1968 Guj. 202; A I R 1966 Mad. 260; A I R Manual (Vol. V), Note 16 at pp. 314-315; 1972 Serv. LR 852 (854)…

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