AI Structured Summary
Not yet generated for this judgment
Judgment
Manoj Kumar Tiwari, J
Petitioner is widow of Shri Sandeep Kumar, who was an employee in a private company, namely, M/s Cavendish Industries Ltd. (respondent no.
4). According to the petitioner, her husband died while still in employment on 02.09.2020.
By means of this writ petition, petitioners have sought following reliefs:-
(i) Issue a writ, order or direction in the nature of mandamus commanding/directing the respondent no. 4 to release Fund, Insurance, Gratuity and
other consequential benefits pending with respondent no. 4 in favour of petitioners with immediate effect.
(ii) Issue a writ, order or direction in the nature of mandamus commanding/directing the respondent no. 1, 2 & 3 to take necessary action against
respondent no. 4 if respondent no. 4 fails to pay the any type of pending dues in regards to Late Sandeep Kumar with him.
According to her own showing, petitioner’s husband was serving in a private company. It is not clear whether petitioner’s husband was
entitled to Fund, Insurance, Gratuity etc., as per his condition of service. Even otherwise also, no mandamus can be issued to a private company and
the remedy of the petitioner lies elsewhere.
In such view of the matter, this Court cannot grant the relief, as claimed. Accordingly, writ petition is disposed of with liberty to the petitioner to
approach the Competent Authority under the relevant statute.