KOUSALYA Vs. MANAGEMENT SRI BALAVINAYAGAR BUS SERVICE

JUDGEMENT

(1.) THE petitioner is a widow of late A.C.Kannan, who was employed with the first respondent Sri Balavainayagar Bus Service, Vellore. She has filed the writ petition, seeking to set aside the order of the third respondent Appellate Authority made in P.G.A.No.34 of 2004 dated 14.12.2004.

(2.) THE petitioner's husband was working as Conductor in the first respondent's transport service. He joined the services on 22.09.1945 and was terminated from service on 03.12.1995. He had put in 50 years of service. His last drawn wages was calculated as Rs.1669/-, which is the minimum wage, though he was paid Rs.1,500/-. He sent a notice to the first respondent and thereafter lodged a gratuity claim before the second respondent Controlling Authority. THE said claim was taken on file as P.G.No.3 of 2003 and notice was issued to the first respondent. When the main application was taken up for hearing, the petitioner's husband died on 29.09.2002. Hence, she took out an application to bring her on record as the legal representative of her deceased husband.

(3.) ON notice from the Appellate Authority, the petitioner filed a counter statement. The Appellate Authority by his order dated 14.12.2004 allowed the appeal. The Appellate Authority held that the letter dated 30.12.1991 (Ex.R1) sent by petitioner's husband to the Management would not imply employer employee relationship between her husband and the first respondent as in the said letter, he only pleaded for an help in consultation with the first respondent's brother and mother. Ex.P3 will show that the bus was operated by 3 different entities namely, R1, his brother and mother. Therefore, the petitioner's husband having worked in the buses run by the first respondent, his mother and brothers were proved by documents. Therefore, the third respondent held that order of the Controlling Authority was not valid.