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2002 DIGILAW 716 (GUJ)

Krishnaba Widow of Kunwarsinh Jadeja v. Official Liquidator of G. S. T. C. Ltd. (New Swadeshi Mills)

2002-09-16

B.J.SHETHNA

body2002
ORDER : B.J. Shethna, J. The applicant is a widow of workman Kunwarsinh Jadeja of New Swadeshi Mills undertaken by Gujarat State Textile Corporation Ltd. (for short "GSTC"). The workman-Kunwarsinh Jadeja submitted his typed voluntary resignation letter dated 23.2.1996 (Annexure-B) under Voluntary Retirement Scheme (for short "VRS") putting up his left thumb impression on it. There is a signature along with signature of the Head of the Department of the Mill on the said voluntary resignation letter. It is unfortunate that after submitting his VRS letter workman-Kunwarsinh died on the very next date i.e. on 24.2.1996. 2. It may be stated that earlier Textile Labour Association filed Company Application No.428/99 before this court on behalf of the employees of New Swadeshi Mills, who tendered their Voluntary resignation but not granted the benefits of VRS. Notice was ordered to be issued on that Company Application No.428/99 wherein the Official Liquidator filed his report showing name of the present applicant Krishnaben, widow of deceased workman-Kunwarsinh at Sr. No.147 (Annexure-D copy of the extract of the report filed by the Official Liquidator). The Official Liquidator recommended and paid an amount of Rs. 58,245.90 in stead of Rs. 1,77,062.70 to the applicant. Therefore, the present applicant has separately taken out this Judge's Summons by way of this application as she is entitled to receive all the dues in the form of VRS as per the award at Annexure-A. Thus, a prayer is made to direct the respondents to pay arrears amount of Rs. 1,18,816.80 as difference to the applicant whose husband signed under VRS. 3. Official Liquidator has submitted his report dated 9.5.2002 in this application stating that as directed by this court in Company Application No.428 of 1999 he has paid sum of Rs. 58,245.90 to the applicant by way of gratuity amount payable to deceased workman Shri Kunwarsinh Jadeja. It it stated in para 3 by the Official Liquidator in his report that the husband of the applicant tendered his resignation on 23.2.1996 and died on the next date i.e. on 24.2.1996, therefore, it was felt that alleged resignation letter was not signed by deceased-Kunwarsinh Jadeja, therefore, the matter was referred to the finger prints Bureau, Gujarat State, Ahmedabad by Ex.-General Manager of New Swadeshi Mill (company in liquidation) for verification of the thumb impression of the applicant. That letter has not been produced on record. That letter has not been produced on record. However, Mr.Roshan Desai, learned counsel appearing for the Official Liquidator has produced copy of the registered post letter dated 15/16.7.1997 addressed on behalf of the Deputy General of Police Computer Gandhinagar to General Manager of New Swadeshi Mills, Ahmedabad along with the opinion of Director, Finger Prints Bureau, Gujarat State, Ahmedabad. From the said letter, it appears that for the first time the General manager of New Swadeshi Mills written a letter dated 16.12.1996 for verification of thumb impression of deceased-Kunwarsinh and in reply to that on behalf of Addl. Director General of Police, a letter was written on 15/16.7.97. Thus, it clearly appears that after receiving resignation letter in February, 1996 the General Manager of the New Swadeshi Mills awaited for a period of nearly 10 months till December, 1996 and, thereafter, only he thought it fit to obtain the opinion of the finger prints expert. The report of the Director of Finger Print Bureau shows that the finger print of Kunwarsinh was totally unfit for giving opinion. If that is so then I fail to understand that how Official Liquidator can state in his report that in view of the disputed finger print on the letter of resignation of Kunwarsinh, his widow-the applicant Krishnaben is not entitled to receive the claim as prayed for in Company Application No.428/99. Merely raising doubt regarding letter of resignation or the thumb impression on the resignation letter of the deceased workman would not be sufficient. It has to be proved by the other side that the thumb impression was not of deceased-workman-Kunwarsinh. In absence of any such opinion of the Director of Finger Print Bureau that the thumb impression of the deceased was doubtful, there was no question of raising any doubt regarding the thumb impression put on by deceased-Kunwarsinh on his voluntary resignation letter. It may be stated that the resignation letter of deceased-Kunwarsinh was received in the office within four days. As stated at the Bar by learned counsel Shri Desai for the Official Liquidator that resignation letter was having signature of witnesses-Udaisinh as well as the signature of Head of the Department. It may be stated that the resignation letter of deceased-Kunwarsinh was received in the office within four days. As stated at the Bar by learned counsel Shri Desai for the Official Liquidator that resignation letter was having signature of witnesses-Udaisinh as well as the signature of Head of the Department. In that view of the matter, in absence of any contrary evidence, it was not open to the then General Manager of New Swadeshi Mills to raise such a doubt and that too after a period of 10 months from the receipt of the resignation letter. It is nothing but adding woes of the applicant- widow of the deceased-workman-Kunwarsinh. It is unfortunate that Official Liquidator has completely ignored this important aspect of the case and opposed this application by submitting that in view of the disputed finger prints and letter of the resignation, the present applicant is not entitled to receive claim as prayed for. 4. At the cost of repetition, I must state that merely saying that it was a disputed finger print of the deceased-workman, would not be sufficient to frustrate the legitimate claim of the widow of the deceased-workman. In absence of any other contrary opinion or evidence, it was not open for the Official Liquidator to state that the finger print i.e. the thump impression of the deceased-workman on the letter of resignation is a disputed one. 5. In view of the above discussion, this application is allowed and the respondents are directed to pay difference amount of Rs. 1,18,816.80 to the applicant the widow of deceased-Kunwarsinh Jadeja by way of an account payee cheque in her name after due verification from TLA, forthwith. This application is allowed with costs.