WPMS/419/2021
2021 Latest Caselaw 393 UK

IN THE HIGH COURT OF UTTARAKHAND
                   AT NAINITAL
     ON THE 22NDDAY OF FEBRUARY, 2021
                         BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
       Writ Petition (M/S) No. 419 of 2021


BETWEEN:

Mamta Rani Kashyap & another                 ... Petitioner
     (By Mr. Sanjay Kumar, Advocate)


AND:

State of Uttarakhand and others.
                                           .....Respondents

     (By Mr. Rakesh Kunwar, Additional C.S.C. for the State
     of Uttarakhand)

                       JUDGMENT

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.

2. 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.

3. 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.

5. 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.

(MANOJ KUMAR TIWARI, J.) Aswal