PARUL RANI MAITY Vs. DEPUTY CHAIRMAN CALCUTTA DOCK LABOUR BOARD
LAWS(CAL)-2011-9-11
HIGH COURT OF CALCUTTA
Decided on September 07,2011

PARUL RANI MAITY Appellant
VERSUS
DEPUTY CHAIRMAN, CALCUTTA DOCK LABOUR BOARD Respondents

JUDGEMENT

- (1.) By this writ petition the petitioner has challenged an order dated September 28, 2001 passed by the Deputy Chairman, Dock Labour Board. The petitioner's husband was an employee under the Calcutta Dock Labour Board. He met with an accident in the year 1990. Although medically treated, he had only partially recovered. He made an application for voluntary retirement which was accepted by the respondents with effect from March 16, 1992. The petitioner's grievance is that her husband went on writing to the authorities for release of the arrear, bonous, dearness allowance and other admissible dues. One such letter dated October 14, 1996 has been annexed to the writ petition as Annexure P- 2. The husband of the writ petitioner died on January 25, 1999.
(2.) The petitioner states that since the admissible dues of her deceased husband were not paid she moved a writ petition in this court in the year 2000. By an order dated July 23, 2001 the earlier writ petition was disposed of by directing the Dock Labour Board to consider the representation of the writ petitioner which was annexed to the said writ petition.
(3.) Pursuant to the said order the Deputy Chairman, Calcutta Dock Labour Board who is the respondent No.- 1 herein had given the petitioner a personal hearing and by order dated September 28, 2001 held that the representation of the petitioner claiming for unpaid dues of her deceased husband on account of provident fund, gratuity, pension, arrear, bonous and family pension was not sustainable and could not be entertained. The petitioner was, however, advised to submit an application to the Chief Accounts Officer of the Calcutta Dock Labour Board along with an attested copy of the Certificate of Death of her deceased husband for releasing the unpaid dues which were calculated in the said order, to the legal heirs of her deceased husband after necessary formalities in terms of the existing rules and guidelines of the Board in this regard.;


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