LAKHAN BAI Vs. RAMBAI AND ORS.

JUDGEMENT

(1.) Shri Mahettar Lal while working as E.P. Fitter Grade-III in the South Eastern Coalfields Limited, Kusmunda Project, District Korba died on 8.12.1998 leaving behind his widow Smt.Lakhan Bai and other legal representatives. Upon death of Shri Mahettar Lal, Smt.Lakhan Bai as well as Rambai both filed an application before the Controlling Authority under the Payment of Gratuity Act, 1972 (hereinafter referred to as 'the Act of 1972') in Form-N claiming a sum of Rs.1,29,000/- as gratuity in respect of service rendered by Shri Mahettar Lal.

(2.) On a notice being issued, the respondent No.2/SECL filed its reply before the competent authority stating inter-alia that petitioner Lakhan Bai cannot be termed as widow of late Mahettar because name of respondent No.1 Rambai has been entered into in service record, therefore, the respondent No.1 is entitled for gratuity.

(3.) Both the petitioner and respondent No.1 adduced their evidence before the Controlling Authority. The controlling Authority by order dated 22.2.2000 rejected the claim of the petitioner to receive the amount of gratuity and directed it to be paid to Smt.Rambai holding though she is not nominee of deceased Mahettar, but according to service record, her name has been entered into records of SECL and therefore, she is entitled to receive the said amount of gratuity as per service record.