Legal heirs of a welder who died in a workplace accident in 2001 sought disbursement of withheld settlement dues with interest from BHEL, which cited garnishee orders in civil disputes. The Court directed payment with 4% interest from 2005 disposal of those disputes, within six weeks.
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W.P.(MD).No.6560 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 17.04.2024
CORAM
THE HONOURABLE MS.JUSTICE R.N.MANJULA
W.P.(MD).No.6560 of 2024
1.R.Indirani
2.R.Rajalakshmi
... Petitioners
Vs.
... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for all the relevant records pertaining to the impugned order passed by the respondents by order in Letter
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No.BHE:HR:WEL:2140446, dated 06.02.2024 and quash the same and consequently direct the respondents to disburse the withheld settlement dues to petitioners with correctly calculated amount along with interest w.e.f. 10.09.2001 to till disbursement.
For Petitioner : Mr.J.Sanjey Vignesh
For Respondents : Mr.Raguvaran Gopalan
O R D E R
This Writ Petition has been filed seeking to quash the order dated 06.02.2024 and consequently direct the respondents to disburse the withheld settlement dues to the petitioners with correctly calculated amount along with interest w.e.f.10.09.2001 to till disbursement.
Mr.Raguvaran Gopalan, learned counsel for the respondents.
the first petitioner's husband, namely, M.Rajamanickam who was working as Welder in the respondent organization, died on 10.09.2001. He died in an
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accident occurred during the course of his employment. The petitioners are the only legal heirs of the deceased person. The first petitioner is the wife and the second petitioner is the daughter of the deceased person. After the demise of M.Rajamanickam, the wife of the deceased submitted representations to the respondents requesting them to disburse all the eligible settlement dues payable on account of his death. The respondents have disbursed some settlement dues and failed to settle some other settlement benefits. The petitioners claim that the delay was on the part of the respondents and hence they are liable to pay the interest for more than 22 years.
that there is no disagreement in respect of the entitlement of the petitioners with regard to the terminal benefits on the death of the first petitioner's husband. However, the respondents denied their liability to pay interest because the delay, according to the respondents, is caused due to pending civil disputes between the petitioners and the third parties where garnishee orders were issued.
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impleaded as garnishee, were disposed. Under such circumstances, the respondents cannot seek shelter under the litigations, which were disposed of in the year 2005 itself. Since the respondents have not settled the withheld amount within a reasonable time, this Court directs the respondents to pay the withheld amount with interest at the rate of 4% from the date of disposal of the civil litigations, since 2005, to the petitioners. The said exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order.
17.04.2024
NCC:yes/no Index:yes/no Internet:yes/no Nsr
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To:
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R.N.MANJULA, J.
Nsr
W.P.(MD).No.6560 of 2024
17.04.2024
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1 issue framed by the court
Whether BHEL was liable to pay interest on the deceased employee's withheld settlement dues despite pending civil litigations disposed of in 2005.
1 provisions across 1 enactments
R.Indirani
R.Rajalakshmi
The Executive Director, Bharat Heavy Electricals Limited (BHEL), Tiruchirappalli
The General Manager, Human Resource Management, Bharat Heavy Electricals Limited (BHEL), Tiruchirappalli
The Deputy General Manager, Human Resource Management, Bharat Heavy Electricals Limited (BHEL), Tiruchirappalli
R.N.Manjula
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
