SURENDRA SHRIVASTAVA Vs. GENERAL MANAGER

JUDGEMENT

(1.) BEING aggrieved by non settlement of terminal dues in lieu of death of Mahesh Shrivastava employed as Timber man with the respondents Western Coal fields limited last posted at Damua Colliery Chindwara, petitioner has preferred this petition, alleging that despite of her being the legally married wife all dues have been settled in favour of respondents no.3 and 4.

(2.) FACTS unfurled from respective pleadings reveals that Mahesh Shrivastava died on 19.11.2006. The respondents no. 1 and 2 on the basis of nomination in favour of respondents no.3 and 4 settled all the terminal dues in their favour. The petitioner filed a succession case which though was dismissed because of disbursement of retiral due however a specific finding in regard to issue no. 1 as to whether the petitioner is a legally wedded wife of Mahesh Shrivastava was recorded in favour of the petitioner by the succession Court vide order dated 8.4.2010.The issue no.1 answered in favour of the petitioner is ...[VERNACULAR TEXT OMITTED]...

(3.) THE order which was challenged in W. P. No.9334/08 (s) had declined to extend any retiral benefits for the reason that the petitioner i.e. respondent No.4 in this petition was not a legitimate child. It was said "in this regard this is to inform that the matter was placed before competent authority who observed that ex-employee had two wives i.e. Smt. Shobha and Smt. Maya. The claimant is the son of the second wife. Ex-employee had married the second wife, without legal separation from first wife. The second marriage being void under Section 5(1) and Section 11 of the Hindu Marriage Act, 1955 competent authority has not agreed for offering employment to Shri Manish Shrivastava son of second wife of ex-employee."