Bhim Sen Sharma had approached the Labour Court in Patiala in 1988 to claim his arrears and terminal benefits after the factory he worked in terminated his services. Sharma was a mechanical engineer in the factory in Dera Bassi, which used to manufacture transformers.

Sharma had alleged that he was illegally dismissed on August 25, 1988, without any prior notice.

Earlier this month, the Punjab and Haryana High Court — the Labour Court had backed the factory management’s decision — ruled in Sharma’s favour.

Sharma died of brain tumour on November 26, 2004. He was 65.

The HC has ordered that his arrears and other benefits be provided to his wife and children.

Sharma had been fighting since 1988 till life ditched him. “We were never told about the details of the case. But he used to remain tensed,” Sharma’s son Sanjay said. “After no money was left to pay lawyers, my mother used to stitch clothes to make ends meet. I remember he was very upset when he lost the case in the Labour Court in Patiala.”

Sharma is survived by his wife, two sons and a daughter.

Setting aside the decision of the Labour Court, Justice K Kannan observed, “The workman has died and his heirs shall be entitled to 50 per cent arrears, besides terminal benefits, as would have accrued to him if the termination was invalid.”

The factory management has been directed to make the payment within three months, failing which 9 per cent interest will be added to the amount.

... contd.