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2024 Supreme(Online)(MAD) 38675

HIGH COURT OF MADRAS
MUMMINENI SUDHEER KUMAR, J
N.Jothilakshmi – Appellant
Versus
The Deputy Director - Benefits – Respondent


Advocates:
Mr.K.R.Samratt for Mr.H.Rajasekar, Ms.G.Narmadha for Mr.G.Bharadwaj

ORDER

The brief facts that are relevant for disposal of this writ petition are as under:

One Mr.Narayanaswamy worked as Ironer in M/s.Carloo Textile, having its factory at Chennimalaipalayam, Karaipudur Village, Ganapathipalayam Road, Tiruppur with employee I.D No.842 and he was enrolled with the Employee State Insurance Corporation and necessary contributions have been paid to by his employer and the petitioner. He was married to the petitioner herein, on 23.06.1985 and out of wedlock, they have two children namely, Sathya and Manikandan. It was thereafter, the petitioner and the said Narayanaswamy obtained divorce by mutual consent in H.M.O.P.No.61 of 2004, by an order dated 07.02.2006 passed by the Court of Sub-ordinate Judge, Kovilpatti. It is thereafter, the said Narayanaswamy died in an accident occurred during the course of his employment on 02.12.2016. While, the said Narayanaswamy was alive, he submitted a nominee form prescribed under Rule 93 of Tamil Nadu Factories Rules, 1950 nominating the petitioner herein, as his nominee in the capacity of wife for payment of dues for the period of leave with wages and pending payments/salaries to her and she was described as wife in

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