Court No. - 34
Case :- WRIT - A No. - 10664 of 2018 Petitioner :- Rakesh Yadav Respondent :- State Of U.P. And Another Counsel for Petitioner :- Sanjay Kumar Srivastava,Gaurav Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Sudhir Agarwal,J. Hon'ble Ifaqat Ali Khan,J.
1. Heard learned counsel for petitioner and perused the record.
2. Petitioner is claiming ¼ share of retiral benefits of late Mithai Lal on the basis of a compromise entered with other family members. When questioned, as to under which provision employer can make such apportionment, learned counsel for petitioner could show no provision and states that he is placing reliance on a compromise entered between parties.
3. If there is any compromise between parties, it is open to petitioner to take action in common law for enforcing same but no mandamus for apportionment of retiral dues can be issued to employer in absence of any statutory provision.
4. Writ petition is accordingly dismissed for the reasons stated above.
Order Date :- 26.4.2018 AK