KUMARI BABLI Vs. UTTARANCHAL POWER CORPORATION

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and learned counsel for respondent no. 2.

(2.) BY means of this writ petition the petitioners have sought writ in the nature of mandamus directing the respondents no. 1, 2 and 3 to pay amount of share of petitioner from the Provident Fund, Gratuity etc. payable after the death of Jagdish Prashad, to respondent no. 4 Shakuntala Devi.

(3.) BRIEF facts of the case are that Jagdish Prashad, father of the petitioners, was employed with Uttaranchal Power Corporation as a skilled labour. He was married to respondent no. 4 Shakuntala Devi, but she left him in 1985, along with the children born out of the wedlock. In 1993 Jagdish Prashad got married to Smt. Madhu Devi (mother of the petitioners), without disclosing that he was earlier married to Shakuntala Devi and had children. It is only after two years of marriage of Madhu Devi with Jagdish Prashad, she came to know that Shakuntala Devi was first wife of Jagdish Prasad. After some time the behaviour of Jagdish Prashad became cruel to Madhu Devi and children born out of the second wedlock. In 2004, Jagadish Prashad died. It is stated in the writ petition that the amount relating to Provident Fund, Insurance, Pension, Gratuity etc. payable to Jagdish Prashad is apprehended to be paid by the employer Uttaranchal Power Corporation to Smt. Shakuntala Devi in connivance with her. Hence this writ petition. (Vide interim order dated 20th May 2005 it appears that 50% of the dues were directed to be paid to respondent no. 4).