CENTRAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION AND ORS. Vs. NARAYANI AND ORS.

JUDGEMENT

(1.) THE order dated 21.2.2012 passed by the Central Administrative Tribunal, Bangalore Bench, Bangalore, in O.A. No. 226/2010, is called in question in this writ petition by the Central Provident Fund Commissioner, Employees' Provident Fund Association, New Delhi.

(2.) THE respondents herein are the legal representatives of the deceased employee Annappayya Holla. Deceased employee was working as Canteen Manager in Bavishyanidhi Departmental Canteen in the office of Employees' Provident Fund Organization, Bangalore. He was terminated from service on 10.6.1988 on certain grounds. He raised an industrial dispute questioning the order of his termination which was referred to the Central Government Industrial Tribunal -cum -Labour Court, Bangalore. During the pendency of the matter before the Labour Court, Annappayya Holla expired on 15.8.1998. Consequently, his legal representatives were brought on record. By the award dated 9.8.2005, the Central Administrative Tribunal -cum -Labour Court set aside the order of termination. Since the workman had died in the meanwhile, the Labour Court directed the Organization to pay an amount of Rs. 1,00,000/ - as compensation to the legal representatives of the deceased workman towards backwages of the deceased employee. The said order fixing the compensation of Rs. 1,00,000/ - to the legal representatives as backwages of the deceased was confirmed by this Court in W.P. Nos. 524/2006 and 134/2006 on 11.9.2006. The said order dated 11.9.2006 passed by this Court has attained finality. Consequently, the Provident Fund Organization paid Rs. 1,18,756/ - (Rs. 1,00,000/ - plus interest) to the legal representatives of the deceased employee as compensation awarded by the Labour Court. Subsequently, the first respondent herein (wife of the deceased employee) made a representation to the Organization for payment of death -cum -retirement gratuity to the family, which came to be rejected by the Organization.