LAKHI DEVI Vs. CENTRAL COALFIELDS

JUDGEMENT

(1.) PETITIONER in this writ application, has prayed for a direction commanding upon the Respondents to pay to the Petitioner, the C.M.P.F., Gratuity, Pension etc. and other retiral dues, which was legally payable in the account of her husband, Ganesh Bhuiyan, who was an employee of the Respondent -C.C.L. and also for a direction to consider her case for compassionate appointment.

(2.) THE Petitioner's husband Ganesh Bhuiyan was an employee under the Respondent -C.C.L. Admittedly, on account of some mental aberrations, he remained traceless for a period of eight years and more. Having waited for the return of her husband, the Petitioner could not decide firmly as to whether her husband was alive. Ultimately on the basis of the presumption that since her husband remained traceless for more than eight years therefore it would be presumed that the husband of the Petitioner has died and thereafter, the Petitioner approached the employer, the Respondent -C.C.L., making twin prayers, (i) for her compassionate appointment and (ii) for payment of legally payable pensionary benefits in the account of her husband.

(3.) HEARD the learned Counsel for the Petitioner, learned Counsel for the Respondent -C.M.P.F. as also the counsel for the Respondent -C.C.L.