Judgment :-

K.S. RADHAKRISHNAN, J.

1. Leave granted.

2. We are, in this case, concerned with the question whether the widow of an employee is entitled to get family pension under the Employees Family Pension Scheme, 1971 (for short ‘Scheme’), on the failure of the employer to exercise his option under the scheme, especially when the claimant has already received the entire Provident Fund amount, from the Fund maintained by the Corporation.

3. Respondent Union raised a claim on behalf of the widow of late Hari Singh for family pension under the Scheme before the State Government. The State Government referred the matter to the Labour and Industrial Tribunal, Jaipur (for short ‘Tribunal’) for adjudication of the claim. The Tribunal, after examining the Scheme, took the view that the employee was not informed of his right to exercise the option under the Scheme, consequently, allowed the application and gave a direction to the appellant-Corporation to disburse family pension to the widow of Hari Singh, who was working as a Driver in the service of the Corporation.

4. The appellant-Corporation took up the matter before the High Court of Judicature of Rajasthan at Jaipur Bench by filing