DIVISIONAL SUPERINTENDENT, EASTERN RAILWAY. Vs. PRESIDING OFFICER, CENTRAL GOVT. AND ANOTHER

JUDGEMENT

(1.) This writ application is directed against an order passed by the Presiding Officer, Central Govt. Industrial Tribunal-cum-Labour Court, Dhanbad, on an application made under S. 33(c)(2) of the Industrial Disputes Act 1947 for computing the pension payable to the widow of a deceased Railway employee.

(2.) The applicant before the Industrial Tribunal was a young widow aged about 18 years claiming for computation of the pension payable to her as the widow of the deceased railway employee, namely, late Ram Swarath Jha. Sri Jha was employed as a casual store 'Khalasi' under the Signal Inspector, Construction, Eastern Railway, Dhanbad. He was appointed in the year 1972. After five years of continuous service, he died in the year 1977. It was stated that under different circulars, issued by the Railway Board from time to time, late Jha had acquired a status of temporary 'Khalasi' w.e.f. 30-12-74. On behalf of the Railway, it was contended that Sri Jha was working in a project and, therefore, he was not entitled to a temporary Railway service, in spite of the regular service rendered by him. No evidence whatsoever was led in support of this contention. Admittedly late Sri Jha had been allotted provident fund account, No. 917630 w.e.f. 30th Jan. 1976.

(3.) Reference was made to R. 2311 of the Indian Railway Establishment Manual, which provides that all temporary railway servants including Work-shop staff shall subscribe to the fund from the first of the month following that in which they complete one year's service. R. 2311 (3)(b) reads as follows :