LAWS(CAL)-2001-7-52

SUMITRA DAS Vs. UNITED BANK OF INDIA

Decided On July 12, 2001
SUMITRA DAS Appellant
V/S
UNITED BANK OF INDIA Respondents

JUDGEMENT

(1.) The post-death benefits of a deceased employee of United Bank of India was denied to the writ petitioner who claims to be the widow of the deceased. It appears from the affidavit-in- opposition filed by the Bank that the deceased employee had already nominated his nephew in respect of Provident Fund and Gratuity.

(2.) Hence, following the Rules of Nomination, the Bank is obliged to pay the said sum to the nominee of the respective funds being the Provident Fund and Gratuity. With regard to family pension the Bank denied such pension to the widow on the ground that a Probate Case is pending in the Civil Court.

(3.) Mr. M. Rahaman, learned advocate, appearing for the writ petitioner has relied on a Supreme Court decision reported in Smt. Violet Isaac & Ors. v. Union of India 1991 (1) SCC 725 : 1991-II-LLJ-409.