MUNICIPAL COMMISSIONER Vs. ANITA DIGAMBAR JADHAV

JUDGEMENT

(1.) Rule on both the writ petitions. Respondent waives service. By consent of the parties, heard finally.

(2.) These are two writ petitions filed by the Municipal Corporation of Greater Mumbai (for short, "MCGM"). Writ Petition No. 9565 of 2017 pertains to a claim of the respondent for payment of the amount of the Provident Fund dues of Rs.3,66,240.00. Writ Petition No.5212 of 2019 pertains to the respondent's claim for an amount of Rs.1,06,841.00 towards gratuity amount. The authorities below have allowed the said claims as payable to the respondent who is the niece of the deceased employee of the MCGM Smt. Ratnamala Sadashiv Salve.

(3.) This writ petition assails an order dtd. 24/7/2017 passed by the learned Presiding Officer, Sixth Labour Court, Mumbai on an application (IDA) No. 19 of 2015 filed by the respondent-Mrs. Anita Digambar Jadhav under Sec. 33-C(2) of the Industrial Disputes Act thereby claiming Provident Fund dues, which were payable to Ratnamala Sadashiv Salve (for short, "deceased employee"). The respondent claimed such amount in the capacity as the only surviving legal heir, being the niece of the deceased employee. In her application before the Labour Court, the respondent contended that her aunt (the deceased employee) was in the employment of the MCGM as a peon, who had retired from the service of the petitioner on 1/11/2003. She expired on 22/1/2013. The respondent contended that although about 10 years had lapsed after retirement of the deceased employee, the MCGM had not paid the Provident Fund dues which were amounting to Rs.3,66,240.00. It was the respondent's case that the deceased employee had submitted an affidavit to the MCGM inter-alia stating that she had no surviving member in her family and that the respondent being her niece was her only legal heir who was looking after her, hence all claims, amounts, insurance amount, pension amount as per rules of the MCGM be given to the respondent after her death. The contents of the affidavit as submitted to the MCGM are required to be noted which read thus:-