Case Note & Summary
The dispute arose from an interim order of the High Court of Judicature at Allahabad concerning the employment of the widow of a deceased workman, K.K. Srivastava, under the Dying-in-Harness Rules, 1974. The petitioner, U.P. State Road Transport Corporation, challenged the interim order which required them to appoint the widow, Smt. Bhagyawati, within six weeks while staying the effect of the Award dated 21.09.2006. The Supreme Court entertained the Special Leave Petition on 31st August 2007 and granted an interim stay of the High Court's order. The matter was adjourned several times, and on 13th April 2009, the petitioner expressed willingness to appoint the widow if she agreed to forgo her claim for back wages. The widow confirmed her willingness to waive the back wages claim if offered employment. Consequently, the Supreme Court disposed of the petition, directing the Corporation to provide suitable employment to the widow within three months, contingent upon her waiver of back wages. The court also noted that the pending writ petition before the High Court would be automatically disposed of due to this settlement. No costs were awarded in this matter.
Headnote
A) Labour Law - Dying-in-Harness Rules - Employment of Widow - Appointment under Dying-in-Harness Rules, 1974 - The Corporation was directed to appoint the widow of the deceased workman within three months, provided she waives her claim for back wages. The court noted the agreement between the parties regarding the waiver of back wages and directed the Corporation to comply with the appointment condition (Paras 6-6).
Issue of Consideration
Whether the widow of a deceased workman is entitled to employment under the Dying-in-Harness Rules and the implications of waiving back wages.
Final Decision
The Supreme Court directed the U.P. State Road Transport Corporation to appoint the widow of the deceased workman under the Dying-in-Harness Rules, 1974, within three months, contingent upon her waiving her claim for back wages. The pending writ petition was disposed of automatically due to this settlement.
Law Points
- Dying-in-Harness Rules
- interim order
- appointment of widow
- waiver of back wages
