IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP NO. 1646 of 1988 DATE OF DECISION: 17.9.2008 Smt.Nirmal Devi ...Petitioner VERSUS State of Punjab …Respondent CORAM HON'BLE MR.JUSTICE PERMOD KOHLI PRESENT: Mr.SS Sahu, AAG, Punjab An application of the petitioner dated 18.1.1988 addressed to Hon'ble the then Chief Justice of the High Court of Punjab and Haryana was treated as writ petition. The petitioner who claims to be the widow of Shri Parkash Chand has claimed death-cum-retirement gratuity and other claims of her deceased husband who was serving as a Mechanic in the Punjab Roadways Workshop at Pathankot. The State filed written statement. It is admitted that the husband of the petitioner- Nirmala Devi worked as Mechanic in the Punjab Roadways, Pathankot upto 1.10.1976 prior to his termination. It is stated that the deceased sent a leave application for four months w.e.f. 1.10.1976, but his application was rejected due to non-availability of leave to his credit and he was informed at his residential address regarding the rejection of his leave, but he did not join his duty. It is further stated that his services were terminated vide order no.6884-86/ECW dated 10.2.77. The deceased sought a reference before the Labour Court, Gurdaspur and during the pendency of CWP NO. 1646 of 1988 :2: the reference, husband of the petitioner died and accordingly, the reference was filed by the Labour Court. It is stated that the petitioner is not entitled to death-cum-retirement gratuity. It appears that the deceased had not served for requisite period entitling him to earned leave and also death-cum- retirement gratuity. Under these circumstances, no relief can be granted to the petitioner. Dismissed. (PERMOD KOHLI) JUDGE 17.9.2008 MFK