VIRENDER SINGH, J. - (1.) It is a tale of two women, mother and wife of late Jai Prakash Kumar Besera, fighting for the deathcumretiral dues of the deceased employee. The appellantwrit petitioner (hereinafter to be referred as "petitioner") approached this Court in W.P.(S) No. 3145 of 2008 seeking a direction upon the respondentM/s Eastern Coalfields Limited to make payment of deathcumretiral dues to her, which was declined by the Writ Court holding that the petitioner has no legal right to claim the deathcumretiral benefits of late Jai Prakash Kumar Besera. Aggrieved thereof, the petitioner has preferred the present Letters Patent Appeal.
(2.) The undisputed facts emerging from the records of the case are that, late Jai Prakash Kumar Besera was employed as a fitter with the respondentM/s Eastern Coalfields Limited and he died on 31.05.2006. On an application and subsequent representations made by the petitioner for payment of gratuity and life cover, the Regional Commissioner, Coal Mines Provident Fund (CMPF), Deoghar issued a cheque bearing No. 931565 dated 06.07.2007 however, the said cheque was not handed over to the petitioner. Constrained, the petitioner approached the permanent Lok Adalat in PLA Case No. 133 of 2007, which was permitted to be withdrawn and thereafter, the petitioner approached the Writ Court.
(3.) In the writ proceeding, the petitioner was directed to implead the mother of her deceased husband namely, Most. Talamai Marandi as respondent no. 6. The respondent no. 6 after service of notice upon her appeared through counsel however, she did not file counteraffidavit opposing the writ petition.;