WPSB/369/2022
2022 Latest Caselaw 2016 UK

             IN THE HIGH COURT OF UTTARAKHAND

                                  AT NAINITAL
                 THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                          AND
                        THE HON'BLE SRI JUSTICE R.C. KHULBE

                WRIT PETITION (S/B) NO. 369 OF 2022

                                06TH JULY, 2022

BETWEEN:

Mamta Joshi                                                   .....Petitioner.
And

Managing Director, Uttarakhand Pey Jal Sansadhan Vikas
Evam Nirman Nigam & another

                                                               ....Respondents.

Counsel for the Petitioner : Mr. Gulshan Pande, learned proxy counsel for Mr. Ganesh Kandpal, learned counsel.

Counsel for the Respondents : Mr. D.S. Patni, learned Senior Counsel assisted by Mr. B.S.

Bisht, learned counsel.

The Court made the following:

JUDGMENT:(per Hon'ble The Chief Justice Sri Vipin Sanghi)

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.

(VIPIN SANGHI, C.J.)

(R.C. KHULBE, J.) Dated: 06th July, 2022 NISHANT