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Smt. Ram Sakhi v. State Of U.P. Thru' Secy. Ministry Of Small Industry & Ors. - WRIT - C No. 1666 of 2005 [2006] RD-AH 6909 (29 March 2006)


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Hon'ble Vineet Saran, J

Heard Sri Nisar Uddin, learned counsel appearing for the petitioner as well as Sri Pradeep Kumar Pandey, learned counsel appearing on behalf of the contesting respondent no.2.

It is the case of the petitioner that her husband late Ram Lakhan was an employee of the respondent no.3. He died on 18.9.1999 while working in the factory of respondent no.3. The petitioner claims that she being widow of the deceased employee, would be entitled to payment of provident fund deposited by her late husband during his service period as well as family pension which, according to the petitioner, is to be paid by the respondent no.2.

Sri Pradeep Kumar Pandey, learned counsel for respondent no. 2 has submitted that the deceased-employee Ram Lakhan had nominated his son Daya Shanker and not the petitioner, who was his wife, and thus the amount cannot be paid to the petitioner. He has, however, submitted  that the amount can be paid to the nominee.

Sri Nisar Uddin, learned counsel for the petitioner has, thus, submitted  that if the dues of late Ram Lakhan are to  be paid to his son Daya Shanker, the same may be done immediately as nearly  seven years have passed since the death of employee and the family is starving because of non payment of the  retrial dues.

Considering the aforesaid facts and circumstances of this case, it is directed that in case if the petitioner fills up the prescribed form for payment of provident fund and family pension and also files a comprehensive representation with regard to her grievances made in this writ petition before respondent no. 2, Assistant Commissioner, Employee's Provident Fund Scheme, Agra, the same shall be considered and decided by the said respondent, in accordance with law, after giving opportunity of hearing to the petitioner and other concerned persons, if there be any, expeditiously, preferably within a period of one month from the date of filing of the said representation.

It is further provided that in case if any amount is found payable to the petitioner or her son Daya Shanker, the same shall be paid to her/him within one month from the date of decision on the representation of the petitioner, failing which the petitioner or her son shall be entitled to payment of 9% interest from the date of the death of the deceased employee till the date of actual payment.

With the aforesaid observations/directions, this writ petition is finally disposed of. No order as to costs.




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