JUDGEMENT
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(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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