M SUNDARAMMAL Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) FACTS of this case remainds of this popular Tamil film song. This is a classic case as to how responsible people acted inhumanely, illegally while dealing with the service of their own "sick employee". It is very disheartening to note that a driver affected by "Epilepsy" was discharged from service unfairly and in a manner unknown to law consequently throwing his family with two minors to indigent circumstances.

(2.) THE case of the petitioners is that they are the legal heirs of one Muniyandi, who was employed as a driver by the second respondent Transport Corporation for more than 15 years. THE said Muniyandi fell ill and took treatment as an inpatient in Government Rajaji Hospital at Madurai and died on 18.3.1995 while he was in service. Subsequently the petitioners submitted an application for payment of service benefits from the second respondent, who paid only gratuity and provident fund and refused to pay other benefits viz, "Group insurance" and "Family pension" to the tune of Rs.2,47,000/-. A lawyer notice dated 26.7.1996 sent by the petitioners did not evoke any response. THErefore C.P. was filed under Section 33(c) (2) of the Industrial Disputes Act, claiming the aforesaid amount.

(3.) ON appreciation of pleadings and evidence, the labour court found that the petitioners did not prove that the employee died during employment and that he was already discharged from service on 27.2.1995 before his death on 18.3.1995 and the same was admitted by the first petitioner in her letter Ex.R2 and that no relief could be granted to the petitioner. The said order of the Labour Court is being challenged before this court in this writ petition.