P THANGAVELU Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) HEARD the learned counsel appearing for the parties.

(2.) THE dispute relates to the payment of terminal benefits and pension benefits in respect of the deceased employee Chinnakalai. The petitioners in W. P. Nos. 15273 of 2005 are brothers and the petitioner in W. P. Nos. 9832 and 9833 of 2005 is the wife of such deceased Chinnakalai. Though the proceedings for divorce had been initiated during his life time against his wife, ultimately on account of his death, no other persons prosecuted the litigation and same came to an end. In other words, no decree for divorce was granted.

(3.) AFTER the death of the deceased employee, three Original Applications were filed. Original Application Nos. 4081 of 2000 and 3049 of 2003 were filed by the wife of the deceased, seeking direction to the respondents to settle the terminal benefits whereas the Original Application No. 4574 of 2000 was filed by the brothers of the deceased, claiming terminal benefits on the ground that their mother Velammal, who was also the heir of the deceased employee, had executed a Will in their favour and the validity of such Will has already been recognized in the Civil Court. The Tribunal, on a perusal of material on record, came to the conclusion that since the proceedings had not culminated in dissolution of marriage, respondent No. 3 in W. P. No. 15273 of 2005, as widow of the deceased employee, is entitled to receive the family pension. The Tribunal also upheld the claim of the two brothers of the deceased on the basis of Will executed by their mother and held that in so far as other terminal benefits are concerned, half of the amount shall be paid to the two brothers of the deceased employee and other half should be paid to the widow of the deceased.