JEGAJOTHI Vs. MANAGER

JUDGEMENT

(1.) The petitioner seeks a writ of Certiorarified Mandamus calling for the records relating to the Order No.57-283538/DP/TUT/96 dated 13.3.1998 and quash the same and directing the respondent to pay the arrears of dependant benefit amount with interest at the rate of 12% from 22.12.1995 till the date of payment and to pay the monthly benefit amount to her.

(2.) Admittedly, the petitioner is the mother of one Suresh Kumar, who died on 22.12.1995 leaving his wife Annapoorani, father, mother and sister.

(3.) As per Rule 58(1)(A) of ESI (Central) Rules, 1950, a widow and children of the deceased employee have got preferential entitlement to the benefit of the insurance scheme under the provisions of the Employees' State Insurance Act, 1948 (hereinafter referred to as the "Act"). Only in the absence of widow and children, the benefit is payable to other dependants, viz. the parents.