ASST. EXECUTIVE ENGINEER,CHAMUNDESHWARI ELECTRICITY SUPPLY CORPORATION Vs. SMT. LALITHAMMA W/O. LATE SANNAPPA

JUDGEMENT

(1.) IN this Writ Petition, the Petitioner has prayed for writ in the nature of certiorari to quash the award dated 28.10.2008 in I.D.A. No. 56/2004 passed by the Labour Court at Chickmagalur.

(2.) THE husband of Respondent by name Sannappa was an employee of the Petitioner -corporation. The said Sannappa retired from service on 30.06.1983 on attaining the age of superannuation. After retirement Sannappa way drawing pension from the Petitioner -corporation and he died on 09.08.1986. After the demise of Sannappa, Respondent claiming to be the wife of deceased claimed family pension and the same was granted In the month of December 1997 i.e., after lapse of 11 years, the Petitioners stopped the payment of family pension to the Respondent on the ground that she is not the wife of deceased Sannappa and on the other hand, she is the wife of one Ajjegowda. Aggrieved by this stoppage of family pension, the Respondent initiated conciliation proceedings and the Government by order dated 03.03.2004 referred the dispute for adjudication to the Labour Court at Chickmagalur. Before the Labour Court, the Respondent examined 3 witnesses as WW1 to WW3 and got marked Exs.W1 and W2. The Petitioner examined one witness as MW1 and got marked Exs.M1. to M5. The Labour Court on appreciation of the pleadings, oral and documentary evidence passed the impugned award and directed the Petitioners to pay family pension including arrears. Hence, this Writ Petition.

(3.) THE Labour Court noticed that the evidence of MW1 is against the Petitioners'. There is no evidence on record in support of the Petitioners' contention that Respondent is the wife of Ajjegowda. On the other hand, Ex.W1 is the copy of voter's identity card and W2 is the copy of pension payment. This documentary evidence specifies that the Respondent is the wife of late Sannappa. In addition to this documentary evidence, the oral evidence of WW1 to WW3 and MW1 manifestly establishes that the Respondent is the wife of Sannappa. By considering this material on record, the labour court rightly passed the Impugned award. I find no justifiable ground to interfere with the same. Accordingly, Writ Petition is hereby dismissed.