- (1.) CHALLENGE in the present writ petition by the workman through the office of the High Court Legal Services Committee is to order dated 05.11.2012 (Annexure P -3) whereby, the application under Section 33 -C(2) of the Industrial Disputes Act, 1947 (in short 'the Act') claiming family pension to the tune of Rs. 5,80,000/ - was dismissed.
(2.) THE facts of the case would go on to show that the petitionerworkman was working with the respondent -company and availed voluntary retirement from service w.e.f. 30.09.1994 and later challenged the same unsuccessfully. An award dated 13.11.2006 was passed against him. A finding was recorded that the plea that the signatures were taken by force on the application of voluntary retirement was not supported by any evidence and he had remained silent for 2 -1/2 years and accordingly, the reference was decided against him.
(3.) THEREAFTER , he filed the present application under Section 33 -C (2) of the Act in the year 2007 claiming that family pension @ Rs. 41/ - per month was deducted from his salary and after retirement, family pension was not paid and the amount came to Rs. 5,80,000/ -. He also claimed wages for the month of October, 1994 to the tune of Rs. 2,875/ - including expenses and extra 2000 working capital and payment. The application was resisted by filing written statement by the industrial establishment taking the plea that the application was filed after more than 14 years and the workman stood relieved from service w.e.f. 30.09.1994. He had no pre -existing right in his favour and was not entitled to invoke the jurisdiction of this Court. Reference was also made to the earlier industrial dispute.;