Stay
advmarcela
(Querist) 22 December 2015
This query is : Resolved
Dear Sir,
My client's Son, deceased person was working in Electricity Department (State Govt Undertaking). Age was 45 years.
He was a permanent employee of the Electricity Department. After his death the nominee of the deceased were his parents, mother and father (both are alive). The nominees thereafter tried to claim the proceeds of their son in this month. A lady came forward to claim his proceeds and who claims that she is his wife and married to him in 2013 and claiming to have his 18 years old daughter (the birth record of the daughter, i.e the birth certificate is not available to us). When the nominees enquired with the Head of the Electricity Department, their reply to the nominee was the lady claiming to be the wife has already submitted all the documents to the office of the Electricity Department to get the claim proceeds and also his job.
The Electricity Department officers directly denied to give any information and asked the nominee to "get a stay"
Sir, please guide me on this. And how shall I go about it.
- Is it that Stay is to brought under Sec.151 of CPC?
- Who is to be made the party? The Electricity Department or the Lady?
- What are the documents of the deceased that I can rely on to get the stay?
- If you may guide me, under which order of CPC it is to brought?
Thanks and regards,
Adv. M. Mesta
advmarcela
(Querist) 23 December 2015
Respected Sir
May you advice me on the Jurisdiction and Rules/Act applicable to the Employees for claiming the benefit from Electricity Department in service for 9 years non pension employees.
Thanks and regards
Adv. M. Mesta
Rajendra K Goyal
(Expert) 23 December 2015
What is the position of the lady, whether she is his wife?
What proofs she is presenting in favor of her claim?
You can use RTI to get information from electricity department.
Civil court may grant stay in case of need.
Discuss full case with some senior dealing in service matters.
Rajendra K Goyal
(Expert) 23 December 2015
Repeated query:
http://www.lawyersclubindia.com/experts/Stay-not-resolved-576446.asp#.Vnqy9fl97IU
advmarcela
(Querist) 24 December 2015
Respected Sir
She has presented marriage certificate. Ii have already applied for documents submitted by her under RTI. Should I go for stay or send registered notice under section 80 of CPC and then file a suit?
Please guide me on this.
Thanks and regards
Adv. M. Mesta
K.S.Srinivas
(Expert) 26 December 2015
In my view it is better to send regd.notice u/s.80 of CPC and then file a suit.
advmarcela
(Querist) 27 December 2015
Thanks for your generous reply Respected K S Srinivas.
advmarcela
(Querist) 27 December 2015
Respected Dr. J C Vashista and Rajendra Goyal
Sir by mistake I clicked on resolved and so had to send the query again.
Thanks and regards.
Adv. M. Mesta
T. Kalaiselvan, Advocate
(Expert) 02 January 2016
It is always better to create a record for the steps taken to exhaust the remedies available with the employer for the relief of terminal benefits of her son by her mother being a nominee on the service records of the deceased (Please note that both the parents cannot be nominees, mostly mother alone will be made as nominee), by sending a legal notice from her side under section 80 CPC demanding the terminal benefits. On refusal by the department you may file an injunction suit against the department and may implead the rival claimant as a party if need be.
