SECL Vs. LALITA

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and decree dtd. 31/1/2020 passed by the Judge, Family Court, Baikunthpur, District Korea, in civil suit No.13-A/19, whereby the legal status has been conferred on the plaintiff that she is the legally wedded wife of late Ramesh Kumar.

(2.) Facts of the case, in brief, are that late Ramesh Kumar was working as a General Mazdoor at Churcha Colliery. He died in harness on 23/10/2018. The plaintiff Smt. Lalita alleged that she was married to Ramesh Kumar on 14/6/2014, however, he could not get the name of wife to be recorded in the service records. After death of Ramesh Kumar, for terminal benefits e.g. CMPF, Gratuity, etc. and for compassionate appointment, which is being granted to the dependent, an application was filed by the plaintiff on 13/12/2018, which was dismissed by the defendants. The plaintiff further alleges that she was directed to obtain necessary declaration.

(3.) The defendants denied the plaint averments and stated that late Ramesh Kumar has not recorded the name of the plaintiff as his dependent in the service record and, as such, she is not entitled to any relief. It was stated that in the service book names of parents (i.e. father Pran Sai and mother Awadhi) of Ramesh Kumar were recorded, therefore, the plaintiff would not be entitled to get any relief to get the terminal benefits of the deceased employee.