MAXIN GEORGE Vs. INDIAN OIL CORPORATION

JUDGEMENT

(1.) The question of legal importance that calls for to be answered in this Writ Petition is as to whether a Christian couple having no issues could legally make an adoption. The answer on the point is to determine the fate of the petition, but provided, the further answer also is in the affirmative to the question as to whether the first petitioner is son thus adopted by late M.V. George. The matter has come up for consideration in the circumstances stated hereunder.

(2.) Late M.V. George, husband of the second petitioner was a permanent employee under the respondent Indian Oil Corporation. Their marriage was in 1971. They are stated to be Christian belonging to Latin Catholic denomination. There was no issue born out of their wedlock despite lapse of six years of marriage. The second petitioner at the relevant time was working as a staff nurse at the Medical College. Hospital, Kozhikode. A male child aged about 7 days found abandoned by its natural parents in the Institute of Maternity and Child Health, a separate wing of the Medical College on 8.10.1977 was handed over by the Superintendent of the Institute to the childless couple who brought him up as their own child. The child so brought up is the first petitioner. He is stated to have passed B.B.M. Examination in 1998. While so on 4.11.2002 M.V. George died in harness while working as a Senior Foreman at the depot of the respondent public sector company at Kottayam.

(3.) Under Ext.P9 Memorandum of Settlement, the respondent company had introduced a Superannuation Benefit Fund Scheme (hereinafter referred to as the S.B.F. Scheme). One of the options under the said scheme which is incorporated as Annexure I to Ext.P9 provided for giving employment for eligible suitable dependent son/daughter of workmen dying while in service. Dependent son/daughter is specified to include son/daughter legally adopted prior to the death of the workman.