Sanjib Banerjee, J. - (1.) The claim is by the widow of an erstwhile employee of Indian Health Institute and Laboratory Limited which had been taken over by the State Government prior to the retirement of the petitioner's husband therefrom in the year 1984.
(2.) As was the fashion till the late 1980s, sick industrial undertakings were taken over by the State or Central Governments primarily to ensure that the employees at such sick industrial undertakings were not left in the lurch.
(3.) It is evident from the notice of superannuation issued to the petitioner's deceased husband on March 1, 1984 that the relevant company promised the retiring employee that his gratuity would be paid by the company and the provident fund would be settled by the Board of Trustees. The notice also indicated that the back wages of the retiring employee would not be paid, but the same would be considered upon the company being nationalised or being able to generate surplus funds.;