LAWS(CAL)-2018-10-44

BIRESHWAR BERA Vs. UNION OF INDIA AND OTHERS

Decided On October 09, 2018
Bireshwar Bera Appellant
V/S
UNION OF INDIA AND OTHERS Respondents

JUDGEMENT

(1.) The petitioner states that his brother late Bangeswar Bera was an employee under the establishment of the respondent. He was a registered signal man. He was posted in the ship M.V. Ratna Chandra Lekha. He died on board the ship on February 6, 1966 at Port Arther in the United States. His registration was cancelled on July 5, 1966 after recording the cause of death as not known.

(2.) The father of the petitioner made an application for a suitable job for the petitioner and to release compensation and admissible death and other benefits. On September 27, 1993 the respondent no. 3 intimated the petitioner that the seaman, i.e., the brother of the petitioner had committed suicide and, therefore, the question of compensation did not arise. The respondent no. 4 subsequently asked for certain documents from the petitioner. The petitioner mentions that the office of the respondent no. 2 had verbally assured him that the case of his son might be considered. To a lawyer's notice issued to the respondents, the respondent no. 2 replied that the petitioner might approach the shipping company for admissible death benefits, but the question of providing a job did not arise.

(3.) The first petition filed by the petitioner for life compensation and a job was dismissed by this Court. But the petitioner now was praying for the death benefits and other benefits as per the letter, dated March 9, 2010. The matter went up to the Supreme Court and the petitioner lost. He, thereafter, filed a second writ petition which he decided not to proceed with.