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IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.VINOD KUMAR
T.Deepavathy – Appellant
Versus
Metropolitan Transport Corporation Ltd., rep. by its Managing Director – Respondent
ORDER :
T.VINOD KUMAR, J.
Since, the issue involved in both the Writ Petitions is one and the same, the same are disposed of by this common order.
2. Heard the learned Counsel for the petitioners and the learned Standing Counsels appearing for the respondent Nos.1 and 2 and perused the records. For convenience, the facts as set out in W.P.No.1068 of 2019 are being referred to.
3. The case of the petitioner in brief is that her husband, late Thirumalivasu, was employed as a Conductor in the first respondent Corporation from 21.02.1999; that on being appointed as Conductor, he was enrolled as a member to the Provident Fund; that he was brought under daily wage service from 21.02.2000; that his services were confirmed pursuant to a settlement under Section 12(3) of the Industrial Disputes Act, 1947 with effect from 01.09.2005; and that he was brought under timescale of pay from the date of confirmation of service.
4. It is the further case of the petitioner that her husband had deceased on 30.01.2017 in harness; and that though the respondents settled all the terminal benefits, it did not pay the pension.
5. Petitioner also contended that on her husband being appointed in the first responde
Family pension under 1998 Scheme payable for entire service from joining date despite post-2003 confirmation, on death in harness.
Entitlement to family pension under the Tamil Nadu State Transport Corporation Employee's Pension Rules/Schemes, 1998 is determined based on the date of regular employment or becoming a member of the....
A second wife, proven as legally wedded, is entitled to family pension irrespective of entry in service records when supported by legal heir certificates.
The conscious actions and representations of the deceased employee regarding the family pension benefit influenced the court's decision on the petitioner's entitlement to family pension.
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