LAKHWINDER KAUR Vs. PARAMJIT KAUR

JUDGEMENT

(1.) A suit for declaration along with consequential relief of permanent injunction was filed by the plaintiffs claiming to be the legal representatives of the deceased employee namely Didar Singh, being his mother and daughter respectively. It was claimed that both were thus entitled to receive all the death benefits, compassionate job and other benefits etc. A prayer was also made for not releasing the death benefits etc. in favour of defendants No.3 and 4 as defendant No.3 was not the legally wedded wife of deceased Didar Singh.

(2.) Parties to the lis hereinafter shall be referred to by their original positions in the suit.

(3.) Didar Singh was serving at Veterinary Hospital, Nakodar for the last 30 years. He expired on 13/10/2013. It was pleaded by the plaintiffs that they were the legal representatives of said Didar Singh. They moved an application to defendants No.1 and 2/department on 6/11/2013 after the death of Didar Singh for the release of his death benefits etc. to them, however, their application did not find favour with the defendants/department. The plaintiffs later came to know that defendants No.3 and 4 i.e. Lakhwinder Kaur and her daughter had applied for the death benefits of deceased Didar Singh by claiming themselves to be his widow and daughter respectively. It was claimed that the mother of plaintiff No.1 namely Pushpa i.e. wife of Didar Singh expired after the birth of plaintiff No.1 and thereafter Didar Singh had kept Lakhwinder Kaur and her daughter with him, however, no marriage had ever taken place between Didar Singh and defendant No.3. Hence, she was not the legally wedded wife of the deceased employee as claimed by her before the defendants/department. It was claimed that at best it was a live in relationship between defendant No.3 and the deceased employee.