SHASHI BALA Vs. CCS, HAU, HISSAR AND ANR

JUDGEMENT

(1.) Petitioner has approached this Court by way of instant writ petition filed under Articles 226/227 of the Constitution of India, seeking a writ in the nature of mandamus for issuance of direction to release all the service benefits of deceased Hem Raj to the petitioner by taking into consideration the benefit given to him by the Labour court as well as by this court with regard to continuity of service from 1986 to 2009 as well as all other consequential benefits.

(2.) The brother of the petitioner i.e Hem Raj was appointed as Messenger in the office of respondent No. 2 on 07.01.1986 but on 02.04.1988 respondent No. 2 did not allow the petitioner to join on duty. Subsequently, the brother of the petitioner raised a dispute and the matter was referred to the Industrial Tribunal cum Labour Court, Hisar, who answered the reference in favour of the petitioner, vide award dated 03.03.1992 and direction was given to the respondents to reinstate the petitioner in service with continuity of service along with full back wages as well as other consequential benefits. Subsequently, the department filed C.W.P No. 5208 of 1992 against the award of the Labour Court, which was admitted and operation of impugned award was stayed. On 28.04.2011, the above writ petition came up for hearing and this Court dismissed the writ petition and upheld the order passed by the Labour Court (P-2). Thereafter, respondent No. 2 has issued a letter dated 24.06.2011 to Hem Raj to join the duty on same post in the office of respondent No. 2 and also by submitting that during the period he was out from service, has not been deployed in any department (P-3). In reply to the aforesaid letter, the petitioner stated that her brother Hem Raj expired on 18.05.2009 and she is the only legal heir left by the deceased as he was unmarried. Further father and mother of the petitioner has also been expired before the death of Hem Raj. Thus, the petitioner requested to release all the service benefits of deceased Hem Raj to her (P-4). Copy of death certificate is Annexure P-5. Thereafter, respondent No. 2 issued a letter to the petitioner dated 05.08.2011 to bring a certificate from a Court or any competent authority of having being the only legal heir of Hem Raj (P- 6). Thereafter, petitioner filed a petitioner for issuance of Succession Certificate being the only legal heir of deceased Hem Raj, which was issued to him vide order dated 24.04.2012 passed by learned A.C.J (S.D) Hisar (P-7). Thereafter, petitioner filed a letter dated 02.05.2012 before respondent No. 2 to prove all the service benefit of deceased Hem Raj (P-8). Respondent No. 2 then issued a letter dated 17.09.2012 stating that an amount of Rs.4,19,900/- be released to the petitioner on account of back wages. Petitioner in response to the above said letter filed a representation dated 02.11.2012 that as per order of Labour Court as well as by this court, the services rendered by deceased Hem Raj has held to be from 1986 till 2009 and Hem Raj is not only entitled for back wages for the aforesaid period but was entitled for continuity of service as well as all other consequential benefits. However, respondent No. 2 in response to the above said representation stated vide letter dated 05.12.2012 (P-11) that the payment in respect of full back wages has already been released, as per judgment of this Court.

(3.) On notice, respondent Nos. 1 and 2 filed a reply taking a stand that the releasing of amount towards retiral benefits (amount towards pension and gratuity) are not applicable to a daily paid worker.