High CourtsDivision Bench(2022) 07 UK CK 0022

Mamta Joshi vs Managing Director, Uttarakhand Pey Jal Sansadhan Vikas Evam Nirman Nigam & Another

Uttarakhand High Court · Decided on 6 July 2022

HON’BLE JUDGES
Vipin Sanghi, CJ · R.C. Khulbe, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (S/B) No. 369 Of 2022

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Judgment

7 paragraphs · 173 words

Vipin Sanghi, CJ

1.

The petitioner is the widow of the employee of the respondent-Corporation. Her grievance is that the amount of gratuity and leave encashment due to her late husband has not been paid.

2.

Mr. D.S. Patni, learned Senior Counsel appearing for the respondent-Corporation, does not actually dispute the liability. However, the learned Senior Counsel does not, of course, agree to the exact amount due. His main contention is paucity of funds.

3.

The husband of the petitioner was the employee of the respondent-Corporation, and we feel that it will be unfair to deprive her of the benefits of gratuity and leave encashment, which were due to her late husband. Therefore, we dispose of the writ petition by directing the respondent-Corporation, as follows:-

(i) Within a period of two months from today, the amount of gratuity shall be paid to the petitioner.

(ii) Within a period of five months from today, the amount of leave encashment shall be paid to the petitioner.

4.

Pending application, if any, also stands disposed of.