THOTLA ODAMMA Vs. SINGARENI COLLIERIES COMPANY LIMITED

JUDGEMENT

(1.) THIS writ petition is instituted by two individuals by name Smt.Thotla Odamma and Thotla Mahesh, the 1st respondent is Singareni Collieries Company Limited, while respondent Nos.2 and 3 are the General Manager and Superintendent of Mines thereof. The 4th respondent was one Thotla Lavanya, w/o late Sri Thotla Sampath. The two petitioners sought for Writ of Mandamus for declaring the action of the respondent Nos.1 to 3 in seeking to pay the total terminal benefits of late T.Sampath to the 4th respondent ignoring the case of the petitioners as illegal. They also sought for consequential direction to the respondent Nos.1 to 3 to pay the terminal benefits of late Sri T.Sampath in terms of Section 32 and 36 of Indian Succession Act.

(2.) HEARD learned counsel Sri K.Vasudeva Reddy for the petitioners, Sri Nandigam Krishna Rao for the respondent Nos.1 to 3 and B.Papa Rao Goud for the 4th respondent. I also appreciate the concern exhibited by the learned counsel for the petitioners and the learned counsel for the 4th respondent. Smt.Thotla Odamma, the first petitioner was present in the Court yesterday. Smt.Thotla Lavanya, the 4th respondent was also present. I had interacted with both of them for considerable period of time.

(3.) ONE Sri T.Sampath was employed with Singareni Collieries Company Limited as Badili Coal Filler and he could secure such employment because his father, who was employed with Singareni Collieries Company Limited, died in harness. The 1st petitioner Smt.Thotla Odamma was the mother of T.Sampath, the 4th respondent herein was the wife of the deceased T.Sampath. There appears to be some discard between the two in properly sharing the quantum of terminal benefits liable to be paid by the Singareni Collieries Company Limited for the untimely death of Sri T.Sampath. Because they are not able to amicably settle the disputes, the present writ petition came to be instituted.