SHANTI MISHRA Vs. BIHAR STATE ROAD TRANSPORT

JUDGEMENT

(1.) The petitioner, widow of Sriram Mishra, an erst-while employee of Bihar State Road Transport Corporation (hereinafter referred to as the Corporation') has moved this application for payment of legal dues to her. She has also prayed for a direction to the Corporation to deposit the rent collected up-to 28.2.1990 by the Corporation to the Bihar State Housing Board.

(2.) The basic facts, which require to be stated for the disposal of this case with consent of the parties, are that the husband of the petitioner retired on 28.2.1990 from the service. As retirement benefits were not paid to him, he moved this Court in CWJC No. 1943/90 (R) and the same was disposed of on 4.9.1991 by the learned Single Judge of this Bench directing the Corporation to pay provident fund and gratuity to the husband of the petitioner. The Corporation filed SLP No. 17242-A/92 against the said order. However, during pendency of the said SLP, the husband of the petitioner died on 27.10.1991 without receiving the aforesaid amount and as such, the petitioner moved this Court in contempt in MJC No. 276/92(R). On 14.1.1993 the said contempt application was disposed of as cheque was handed over to the petitioner in Court. This Court, however, observed that - Let it be recorded that, if the petitioner feels any difficulty, she may approach the Court again.

(3.) On the basis of disposal of the MJC application, the Supreme Court dismissed the said SLP by following order: Since the Corporation has already made the payment of provident fund and gratuity, there is no reason for us to interfere in this matter. The petitions are dismissed. Thus, as far as the payment of amount towards provident fund and gratuity, the matter has already been concluded.