Madras High CourtWP(MD)/18012/2019dismissed

Veerammal v. The Commissioner

2019-10-31Honourable Mr Justice M. Govindaraj2 pages

W.P.(MD)No.18012 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.10.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.P.(MD)No.18012 of 2019 Veerammal : Petitioner Vs.

1.The Commissioner, Employees State Insurance Corporation, Chennai.

2.The Regional Manager, Employees Provident Fund Organisation, Chennai.

3.The General Manager, M/s.Ashok Leyland, Ennore, Ennore Post, Chennai.

: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents to consider the petitioner's representation dated 15.11.2010 for compensation of death of petitioner's husband Govindasamy, dated 04.02.1993.

For Petitioner : Mr.R.Neethi Rajaram For Respondents 1&2 : Mr.R.Rajagopal For Respondent No.3 : No Appearance

ORDER

The present Writ Petition has been filed seeking a Writ of Mandamus, to direct the respondents to consider the petitioner's representation dated 15.11.2010 for compensation of death of the petitioner's husband Govindasamy, on 04.02.1993.

2. The case of the petitioner is that her husband, by name, Govindasamy was working as driver in the third respondent Organization. While in service, he died on 04.02.1993, leaving behind the petitioner and two daughters as his legal heirs. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.18012 of 2019 Thereafter, seeking for disbursement of death -cum- terminal benefits, the petitioner sent a representation dated 15.11.2010 enclosing necessary documents including the death certificate of her husband and also legal heirship certificate. Despite the same, no fruitful result is forthcoming. Hence, the petitioner is before this Court seeking the aforesaid relief.

3. Heard the submissions made on either side.

4. Admittedly, this Writ Petition is against a private company for disbursement of pensionary benefits. Thus, the Writ Petitioner has to work out her remedy under the relevant Statute and the Writ Petition is not maintainable. Accordingly, the Writ Petition is dismissed. No costs.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) SML To 1.The Commissioner, Employees State Insurance Corporation, Chennai.

2.The Regional Manager, Employees Provident Fund Organisation, Chennai.

+1 CC to M/s.R.NEETHI RAJA RAM, Advocate ( SR-95504[F] dated 01/11/2019 ) Order made in W.P.(MD)No.18012 of 2019 Dated: 31.10.2019 JMN(13.11.2019) 2P : 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2