LAWS(MPH)-2014-4-151

KAMLA DEVI SAXENA Vs. STATE OF M.P

Decided On April 22, 2014
Kamla Devi Saxena Appellant
V/S
STATE OF M.P Respondents

JUDGEMENT

(1.) THE petitioner by invoking jurisdiction of this Court under Article 226 of the Constitution, has prayed for a mandamus for the respondents to pay her pension w.e.f. February, 2004 with interest on delayed payment.

(2.) THE petitioner preferred an application under Section 31 of M.P. Industrial Relations Act, 1960 before the Labour Court. The said application was registered as Case No.50/MPIR/1997. The Labour Court by order dated 29.1.1999 directed the respondents to treat the petitioner as permanent employee on classification w.e.f. 9.9.1995. The respondents were directed to treat the petitioner as permanent employee from the said date and payment of difference was directed to be made within 90 days.

(3.) THE State unsuccessfully challenged this order by preferring appeal No. 103/MPIR/99 before the Industrial Court. The Industrial Court by order dated 22.01.2004 affirmed the order of the Labour Court. In absence of any further challenge to these orders, orders have attained finality. The petitioner attained the age of superannuation and retired in February, 2004. The petitioner preferred representations for grant of pension and other retiral dues with interest. None of the representations could fetch any result, hence this petition is filed.