R VIJAYA Vs. THIRUMATHI S SANDANAMMAL AND PRESIDING OFFICER, LABOUR COURT

JUDGEMENT

(1.) This Writ Appeal arises out of the order of the learned single Judge in W.P.(MD). No. 10782 of 2008, dated 12.07.2010, whereby, the learned single Judge declined to quash the order passed in C.P. No. 75 of 1999 directing the Appellant/President of Pallapatti Panchayat to pay family benefit fund of Rs. 1,00,000/- to the first Respondent, as per the various Government Orders.

(2.) The husband of the first Respondent was working in Pallapatti Panchayat and he was engaged to pump the water to the tank and distribute the same to the villages. The husband of the first Respondent died in harness and therefore, the first Respondent claimed family benefit of Rs. 1,00,000/- as per the various Government Orders. Since the same was not paid to her, the first Respondent filed C.P. No. 75 of 1999 under Section 33C(2) of the Industrial Dispute Act against the Appellant/President of Pallapatti Panchayat. In the said claim petition, an ex-parte order was passed on 04.08.2000.

(3.) Challenging the said order passed in C.P. No. 75 of 1999, the Appellant/President of Pallapatti Panchayat has filed Writ Petition in W.P.(MD). No. 10782 of 2008. According to the Appellant, the first Respondent's husband paid salary only on consolidated basis and there was no deduction made in the payment made to the first Respondent's husband and the deceased employee has not contributed any amount to the Government towards family benefit scheme and hence, the first Respondent is not entitled to claim a sum of Rs. 1,00,000/- towards family benefit scheme and without appreciating the same, the Labour Court has passed an award directing the Appellant to pay Rs. 1,00,000/-.