Smt. Ujjala Bala Goswami vs Eastern Coalfield Limited and Others

S. Chandrashekhar, J.—The petitioner has moved this Court seeking following reliefs:--

(i) For the issuance of an appropriate writ, order/orders, direction/directions to immediately and forthwith pay all the retiral benefit to the petitioner

as the petitioner is the legally wedded-wife of late Ram Krishna Goswami and thereby she is entitled to receive all the retiral benefit as well as other

benefits in her favour as her husband Ram Krishna Goswami who was an employee of Colliery died-in-harness but the retiral benefit to the

petitioner has hot been paid.

(ii) For the issuance of an appropriate writ, order/orders, direction/directions in the nature of mandamus commanding upon the respondents

specially respondent No. 2 to immediately and forthwith give the compassionate appointment to the son of the petitioner as the son of the petitioner

is to be legally appointed on compassionate ground in the Colliery but neither the retiral benefit nor the compassionate appointment of her son is

being considered.

(iii) Petitioner further prays for the issuance of an appropriate writ, order/orders, direction/directions in the nature of mandamus to immediately and

forthwith restrain the respondent in making the payment to respondent No. 4 as she is not legally entitled to receive the payment as well as other.

consequential benefit as the marriage has been performed during the lifetime of first wife therefore, she is not entitled but the respondent in

connivance with some Trade Union has given the retiral benefit to respondent No. 4.

(iv) During the pendency of the writ petition the payment of retiral dues in favour of respondent No. 4 be restrained and after final disposal of the

writ petition the payment be made in favour of the petitioner.

The brief facts of the case as stated in the writ petition are that, the husband of the petitioner was appointed on 31.1.1973 and he died-in-harness

on 11.6.2012. The petitioner is the first wife of the deceased-Ram Krishna Goswami. A dispute with respect to marriage of the said Ram Krishna

Goswami arose even prior to the death of the alleged husband of the petitioner. The petitioner agitated her grievance before the authorities and

cases were filed in the civil court also.

A counter-affidavit has been filed and the Statutory Form which has been filled up by the said Ram Krishna Goswami has been brought on

record, in which name of the wife of the said Ram Krishna Goswami is mentioned as Smt. Thanda Devi. In view of the specific instruction given in

the Form which has been filled up by the said Ram Krishna Goswami, the retiral benefits were not released in favour of the petitioner and

therefore, this writ petition has been filed.

Heard the learned counsel appearing for the parties and perused the documents on record.

Mr. Abhay Kumar Mishra, the learned counsel appearing for the petitioner, has submitted that this petitioner has been fighting for her rights

since last 20 years and she has made representation to the authorities, however, her grievance has not been redressed. The said Ram Krishna

Goswami had started living with another lady and the Company has illegally granted retiral benefit to the said lady-Smt. Thanda Devi.

Learned counsel appearing for the respondent is absent.

On a perusal of the materials on record, it is revealed that there is a dispute with respect to the entitlement of the retiral benefits of the deceased-

Ram Krishna Goswami. The petitioner claimed herself as legally wedded wife of the deceased-Ram Krishna Goswami and the said Ram Krishna

Goswami had filled up the Statutory Form in which the petitioner has not been nominated by him as the beneficiary. The claim of the petitioner

cannot be adjudicated without taking evidence which can be done in a regular civil proceeding only. In view of the aforesaid, I am not inclined to

interfere in the matter. Accordingly, this writ petition is dismissed. However, it would be open to the petitioner to seek appropriate declaration

from the civil court.