LAWS(GJH)-2023-4-2138

EMPLOYEES PROVIDENT FUND ORGANIZATION Vs. REKHABEN KAMLESHBHAI NANAVATI

Decided On April 20, 2023
EMPLOYEES PROVIDENT FUND ORGANIZATION Appellant
V/S
Rekhaben Kamleshbhai Nanavati Respondents

JUDGEMENT

(1.) When the matter is called out, Ms.E. Shailaja, learned advocate for the appellants has placed on record the death certificate of the sole respondent. The same is taken on record.

(2.) It is further submitted that there is only one legal heir of the respondent i.e. daughter, who was married prior to the death of the sole respondent and she is not entitled to get any benefit under the scheme. It is also pointed out that the appellants have made a payment as per the direction issued by the learned Single Judge and the order which was passed on 8/8/2016 subject to the outcome of the appeal. However, as the sole respondent has expired, this appeal be disposed of keeping the question of law raised in the appeal open.

(3.) It is also submitted that even after the death of the sole respondent in August, 2022, certain payment i.e. amount of Rs.5,035.00 has been credited in the account of the respondent. As the information was supplied to the appellant after 2 to 3 months, learned advocate for the appellants, therefore, urged that liberty be reserved to the appellants to recover the said amount from the legal heirs of the sole respondent.