UNION OF INDIA Vs. RADHABEN BALWANTSINH RATHOD

JUDGEMENT

(1.) SPECIAL Civil Application No. 2734 of 2003 has been preferred by the Railway Authorities against the judgement and order dated 05.11.2001 passed by the learned Labour Judge, Godhra in Central Recovery Case No. 15 of 1999 whereby the recovery application filed by the respondent came to be allowed by directing the petitioner to pay the amount of Rs. 1, 50, 349/ to the respondent towards family pension along with 6% interest.

(2.) SPECIAL Civil Application No. 2920 of 2003 has been preferred by the Railway Authorities against the judgement and order dated 05.11.2001 passed by the learned Labour Judge, Godhra in Central Recovery Case No. 14 of 1999 whereby the recovery application filed by the respondent came to be allowed by directing the petitioner to pay the amount of Rs. 1,33,783/ to the respondent towards family pension along with 6% interest.

(3.) THE facts of the case in SCA No. 2734 of 2003 is that respondent's husband was appointed as a casual labourer on 02.05.1973 and he was appointed as a substitute Gangman on 21.10.1978. The respondent's husband died on 03.11.1983. The respondentwidow filed the Recovery Case No.15/1999 claiming that she being the widow of the deceased workman, who died in the year 1983, is entitled to family pension in accordance with Rule 75 of the Railway Services (Pension) Rules, 1993 (hereinafter referred to as 'the Pension Rules'). The Labour Court allowed the said application by directing the petitioner to pay an amount of Rs. 1,50,349/ as an amount of pension.