AI Structured Summary
Not yet generated for this judgment
Judgment
PER:- MR. KUMAR RAJESH CHANDRA, MEMBER[A]
Heard Learned Counsel for both the parties.
Learned Counsel for the applicants prays for issuance of notice.
Learned Counsel for the respondents, however, raises a preliminary objection as to the maintainability of the present OA on the sole ground of non-joinder of a necessary party. It is submitted that one of the two applicants herein, namely, Neha Kumari, has also filed OA No. 598/2026 claiming family pension, which is listed before this Bench today and is likely to be taken up shortly. In the said OA, she has impleaded the second wife of the deceased employee as a party respondent.
It is, therefore, contended that when the second wife has been impleaded as a party in proceedings concerning the claim for compassionate appointment, there is no justification for not impleading her, along with her children, as parties in the present OA, wherein a claim has been made in respect of the PF, DCRG and other terminal dues of the deceased employee.
I find force in the preliminary objection raised by Learned Counsel for the respondents. In view of the nature of the relief claimed in the present OA and the interest of the second wife and her children in the terminal benefits of the deceased employee, their presence before the Tribunal is necessary for an effective and complete adjudication of the matter. The present OA is, therefore, not maintainable for non-joinder of necessary parties.
Accordingly, the OA stands dismissed for non-joinder of necessary parties. MA no. 450/2026 stands dismissed accordingly.
There shall be no order as to costs.