A woman whose son died in harness got relief on Wednesday with the Madras high court directing the Chennai Port Trust (CPT) to pay the family pension due to him with arrears within six weeks.
Justice D. Hariparanthaman allowed the petition filed by Mariammal, whose unmarried son had died on December 1, 2006, after having put in 20 years if service as mazdoor, leaving behind his mother alone. The petitioner had received all benefits due to her son except the family pension.
CPT submitted that the term “family” would include only the son’s wife, son, if he is not yet 21 years old, and daughter, if she is unmarried and has not turned 24 years. Mother was excluded in the definition of family in chapter X of the CPT (pension) Regulations, it said.
The judge said a reading of the pronouncements by various high courts and the Supreme Court would make it clear that the courts had come to the aid of parents, who were entirely dependent on the salary of the deceased employed son, in the matter of grant of family pension though they were not included in the definition of family for the payment of family pension. In this case, the mother entirely depended upon the income of the son.
Moreover, according to the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, children had the statutory obligation to look after parents in their old age. Being the son of the petitioner, he was obliged to look after his mother and it was not in dispute that the son till his death did so.
It was held that providing for pension in the family pension scheme is a piece of welfare legislation and aims to achieve the object of providing financial protection to helpless parents of the deceased employee. Therefore, the petitioner was entitled to family pension, the judge said.